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OSBY v. STATE

No. 93-938.

630 So.2d 657 (1994)

Charles James OSBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 14, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Charles James Osby pleaded nolo contendere to the charges against him and reserved the right to appeal. He contends on appeal that the court erred in denying his Florida Rules of Criminal Procedure 3.190(c)(4) motion to dismiss a charge of carrying a concealed firearm in violation of section 790.01, Florida Statutes. An unloaded handgun was found in Osby's automobile when he was stopped by a deputy sheriff for a traffic violation. The (c)(4) motion...

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