STATE v. LOPEZ

No. 2D07-482.

980 So.2d 1270 (2008)

STATE of Florida, Appellant, v. Dan Enrique LOPEZ, Appellee.

District Court of Appeal of Florida, Second District.

May 9, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Ha Thu Dao, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.


LaROSE, Judge.

The State appeals the trial court's order dismissing the concealed firearm charge against Dan Enrique Lopez. We have jurisdiction, see Fla. R.App. P. 9.140(c)(1)(A), and reverse.

During a valid traffic stop, Mr. Lopez, the driver, consented to a search of his vehicle. At the officer's request, Mr. Lopez exited the car to facilitate the search. The officer found a firearm directly under the driver's seat. Mr. Lopez was arrested and charged...

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