STATE v. COMMONS

No. 90-1934.

592 So.2d 317 (1991)

The STATE of Florida, Appellant, v. Charles A. COMMONS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 15, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Monique T. Befeler, Asst. Atty. Gen., for appellant.

Ronald S. Lowy, Miami Beach, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.


SCHWARTZ, Chief Judge.

The state appeals from an order granting a Rule 3.190(c)(4) sworn motion to dismiss an information for carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1989),1 based on the untraversed showing

that on June 14, 1990, he was inside his place of business, Zhara Supermarket, where he is employed as a grocer, when the police observed a bulge on the Defendant, searched the Defendant...

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