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STATE v. LONDON

No. 96-0281.

686 So.2d 813 (1997)

STATE of Florida, Appellant, v. John LONDON, Appellee.

District Court of Appeal of Florida, Fourth District.

January 29, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellant.

Alan H. Schreiber, Public Defender, and Channing E. Brackey, Assistant Public Defender, Fort Lauderdale, for appellee.

FARMER, Judge.

We reverse the court's order dismissing charges of possession of a firearm by a convicted felon and carrying a concealed firearm. In granting the defendant's motion to dismiss, the trial judge impermissibly weighed the credibility of Officer Bullard's testimony, that he saw defendant with what "appeared to be" a firearm. State v. Hargrove, 552 So.2d 281, 282 (Fla. 4th DCA 1989) ("trial court may not try or...

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