O.H. v. State

District Court of Appeal of Florida

O.H. v. State

577 So. 2d 696, 1991 Fla. App. LEXIS 3285, 1991 WL 50234

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1991

DocketNo. 90-1173

StatusPublished

Cited by1 cases

This text of 577 So. 2d 696 (O.H. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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O.H. v. State, 577 So. 2d 696, 1991 Fla. App. LEXIS 3285, 1991 WL 50234 (Fla. Ct. App. 1991).

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Opinion

BARKDULL, Judge.

O.H., the appellant, appeals a judgment finding him to be delinquent. A petition for delinquency was filed September 13, 1989, charging the appellant with carrying a concealed firearm. At trial, a Miami police officer, Jeffrey, testified he was on patrol in Overtown when he saw the appellant park his car and get out. He saw the appellant give some money to a black male. He came up and detained both of them. He then walked up to the appellant’s car, glanced inside through the windshield and saw what appeared to be the butt of a gun under the driver’s seat. The appellant was advised of his rights after which he said the gun belonged to his father, and that he brought it with him. The officer said he knew it was a gun the minute he looked through the windshield. At the conclusion of the officer’s testimony, the state rested. The appellant moved for a judgment of acquittal which was denied. At the conclusion of the case the trial court adjudicated the appellant delinquent. The appeal follows.

We affirm upon the authority of State v. Puig, 551 So.2d 552 (Fla. 3d DCA 1989).

Affirmed.

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BARKDULL, Judge.

O.H., the appellant, appeals a judgment finding him to be delinquent. A petition for delinquency was filed September 13, 1989, charging the appellant with carrying a concealed firearm. At trial, a Miami police officer, Jeffrey, testified he was on patrol in Overtown when he saw the appellant park his car and get out. He saw the appellant give some money to a black male. He came up and detained both of them. He then walked up to the appellant’s car, glanced inside through the windshield and saw what appeared to be the butt of a gun under the driver’s seat. The appellant was advised of his rights after which he said the gun belonged to his father, and that he brought it with him. The officer said he knew it was a gun the minute he looked through the windshield. At the conclusion of the officer’s testimony, the state rested. The appellant moved for a judgment of acquittal which was denied. At the conclusion of the case the trial court adjudicated the appellant delinquent. The appeal follows.

We affirm upon the authority of State v. Puig, 551 So.2d 552 (Fla. 3d DCA 1989).

Affirmed.

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577 So. 2d 696, 1991 Fla. App. LEXIS 3285, 1991 WL 50234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oh-v-state-fladistctapp-1991.

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