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STATE v. MARTINEZ

No. 82-776.

422 So.2d 1090 (1982)

The STATE of Florida, Appellant, v. Pedro MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

December 7, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellant.

Eric B. Feldman and Richard Fineberg, Coral Gables, for appellee.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Pedro Martinez was charged with carrying a concealed firearm in violation of Section 790.01, Florida Statutes (1979). Martinez filed a motion to dismiss pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure, which the trial court granted. The State appeals and we reverse.

The "(c)(4) motion" in question was grounded upon an arrest form which stated that the officer observed the weapon in open view. Elsewhere in the arrest form the officer...

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