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STATE v. SWOVELAND

No. 81-580.

413 So.2d 166 (1982)

STATE of Florida, Appellant, v. Cecil SWOVELAND, Appellee.

District Court of Appeal of Florida, Second District.

April 30, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.

DANAHY, Judge.

Appellee was charged with carrying a concealed firearm on or about his person contrary to section 790.01(2), Florida Statutes (1979). He moved to dismiss the charge, contending that he could not be prosecuted because he came within the exception fashioned by the legislature in section 790.25(3)(l) for persons who have a firearm securely encased when they are traveling in a private conveyance. The trial judge, citing Hanigan v. State, ...

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