STATE v. SMITH

No. 4D10-1785.

67 So.3d 409 (2011)

STATE of Florida, Appellant, v. Michael SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellant.

Iman I. Abouelazm of Law Offices of Iman I. Abouelazm, P.A., Fort Lauderdale, for appellee.


HAZOURI, J.

Michael Smith was charged by information with carrying a concealed firearm pursuant to section 790.01(2), Florida Statutes (2009). Smith filed a motion to dismiss, alleging as undisputed facts that he was operating his motor vehicle on July 11, 2009, when he was stopped by a sheriff's deputy for unlawful speed. Upon the realization that Smith's license was suspended, the deputy asked him whether he had any weapons or drugs in the vehicle. Smith informed...

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