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POWELL v. STATE

No. KK-388.

369 So.2d 108 (1979)

Charles POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 4, 1979.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.

PER CURIAM.

Charles Powell entered a plea of nolo contendere, expressly reserving the right to appeal the trial court's denial of his motion to dismiss. He urges that the undisputed facts do not constitute a prima facie case of carrying a concealed firearm. We agree and reverse.

The motion to dismiss reveals that as Powell and a companion were walking down the street, a police officer riding by in a patrol car saw the handle of a firearm protruding from Powell...

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