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STATE v. BENJAMIN

No. 4D14-2110.

187 So.3d 352 (2016)

STATE of Florida, Appellant, v. Andrew BENJAMIN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 16, 2016.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellant.

Carl H. Lida of Carl H. Lida, P.A., Plantation, for appellee.

Andrew Benjamin filed a rule 3.190(c)(4) motion to dismiss his charge of carrying a concealed firearm, which the trial court granted. The State appeals, arguing that because different inferences can be drawn from the undisputed evidence, the concealment issue cannot be determined as a matter of law. We agree.

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