STATE v. HODGES (2019)

District Court of Appeal of Florida, Third District.

The STATE of Florida, Appellant, v. Nicholas HODGES, Appellee.

No. 3D18-32

Decided: April 17, 2019

Before SALTER and FERNANDEZ, JJ., and LEBAN, Senior Judge.

Ashley Moody, Attorney General, and Eric J. Eves and Michael W. Mervine, Assistant Attorneys General, for appellant. Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellee.

Affirmed. See Dorelus v. State, 747 So.2d 368, 371-73 (Fla. 1999) (affirming dismissal of information charging carrying concealed weapon where butt end of handgun that was sticking out of the console of defendant's vehicle was clearly visible to officer standing outside of vehicle); See also Quiroga v. State, 364 So.2d 47 (Fla. 3d DCA 1978), rev. dismissed, 370 So. 2d 462 (Fla. 1979) (essential element of concealment is not established as a matter of law where firearm is partially visible).

LEBAN, Senior Judge.

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