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STATE v. BALLEW

No. 83-1161.

445 So.2d 645 (1984)

STATE of Florida, Appellant, v. Wayne BALLEW, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 14, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Barry G. Roderman of Barry G. Roderman, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

The state appeals from an order dismissing an information which charged Wayne Ballew with carrying a concealed firearm contrary to Section 790.01(2), Florida Statutes (1981). Appellee filed a sworn motion to dismiss alleging that the arresting officer saw the gun in plain view. The state filed a traverse specifically denying the allegation that the gun was in plain view and further alleging that the arresting officer saw the handle of a gun protruding...

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