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364 So. 2d 47

Quiroga v. State

District Court of Appeal of Florida

Decided October 31, 1978

District Court of Appeal of Florida · decided 1978-10-31

Relies on 344 So. 2d 633 - Donald v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-31

How this case has been cited

Cited by 28 later decisions — most recently August 2013 · most notably Insurance Co. of North America v. Forty-Eight Insulations, Inc. (1980), University of Miami v. Bogorff (1991)

2 federal appellate · 24 state decisions

16019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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KEHOE, Judge.

¶1Appellant, defendant below, appeals a judgment of conviction and sentence entered pursuant to a jury verdict finding him guilty of carrying a concealed firearm. We reverse.

¶2The sole ground for reversal in this case is that the record, at the conclusion of all the testimony, is wholly devoid of any evidence upon which the jury could have determined that the firearm was concealed. The only direct testimony in regard to the concealment of the firearm is that of appellant. There is no evidence to show any inconsistency with his testimony that the firearm was not concealed. Proof of concealment is an essential element of the crime of carrying a concealed firearm and such element must be proven beyond a reasonable doubt. Here the evidence before the jury was not susceptible of such proof. Donald v. State, 344 So.2d 633 (Fla.2d DCA 1977). Accordingly, the judgment and sentence of the trial court are reversed and the cause is remanded with directions that appellant be discharged.

¶3Reversed and remanded with directions.

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