State v. London

District Court of Appeal of Florida

State v. London

686 So. 2d 813, 1997 Fla. App. LEXIS 293, 1997 WL 31115

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1997

DocketNo. 96-0281

StatusPublished

This text of 686 So. 2d 813 (State v. London) 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.

Bluebook

State v. London, 686 So. 2d 813, 1997 Fla. App. LEXIS 293, 1997 WL 31115 (Fla. Ct. App. 1997).

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Opinion

FARMER, Judge.

We reverse the court’s order dismissing charges of possession of a firearm by a convicted felon and carrying a concealed firearm. In granting the defendant’s motion to dismiss, the trial judge impermissibly weighed the credibility of Officer Bullard’s testimony, that he saw defendant with what “appeared to be” a firearm. State v. Hargrove, 552 So.2d 281, 282 (Fla. 4th DCA 1989) (“trial court may not try or determine factual issues nor consider either the weight of the conflicting evidence or the credibility of the witnesses”). As the officer’s testimony was sufficient to establish the “barest prima facie ease” against defendant, dismissal was inappropriate. Id.

REVERSED.

DELL and KLEIN, JJ., concur.

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FARMER, Judge.

We reverse the court’s order dismissing charges of possession of a firearm by a convicted felon and carrying a concealed firearm. In granting the defendant’s motion to dismiss, the trial judge impermissibly weighed the credibility of Officer Bullard’s testimony, that he saw defendant with what “appeared to be” a firearm. State v. Hargrove, 552 So.2d 281, 282 (Fla. 4th DCA 1989) (“trial court may not try or determine factual issues nor consider either the weight of the conflicting evidence or the credibility of the witnesses”). As the officer’s testimony was sufficient to establish the “barest prima facie ease” against defendant, dismissal was inappropriate. Id.

REVERSED.

DELL and KLEIN, JJ., concur.

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Bluebook (online)

686 So. 2d 813, 1997 Fla. App. LEXIS 293, 1997 WL 31115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-london-fladistctapp-1997.

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