State v. Strachan

The STATE of Florida, Appellant, v. Willie James STRACHAN, Appellee.

District Court of Appeal of Florida

Decided September 26, 1989.

District Court of Appeal of Florida · decided 1989-09-26

Relies on 403 So. 2d 349 - Ensor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-26

How this case has been cited

Cited by 9 later decisions — most recently April 2010

9 state decisions

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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¶1 *236 Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

¶2Bennett H. Brummer, Public Defender, and Elliott H. Scherker, Asst. Public Defender, for appellee.

¶3Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

¶4PER CURIAM.

¶5We reverse an order granting a summary motion to dismiss a charge of carrying a concealed firearm, to wit, a revolver, on the authority of Ensor v. State,403 So.2d 349, 354 (Fla. 1981). The fact that the firearm involved was on the floor of the car and was in the open view of the law enforcement officer after the defendant exited the vehicle, and the officer shined her flashlight on it, certainly does not preclude it from being a concealed firearm within the meaning of the applicable statutes.

¶6The dismissal order under review is reversed and the cause remanded for further proceedings.