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STATE v. PRESUME

No. 97-0890.

710 So.2d 604 (1998)

STATE of Florida, Appellant, v. Kerby PRESUME, Appellee.

District Court of Appeal of Florida, Fourth District.

March 18, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellant.

No brief filed on behalf of appellee.

PER CURIAM.

The state appeals from an order granting a sworn motion to dismiss an information charging appellee Presume with carrying a concealed firearm. Because there still remains an issue of material fact concerning the extent of the handgun's concealment, we reverse.

The state charged Presume and his co-defendant with carrying a concealed firearm, in violation of section 790.01(2), Florida Statutes (1995), following an incident which occurred on April...

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