Opinion
No. 89-154.
February 15, 1990.
Appeal from the Circuit Court for Brevard County; Edward M. Jackson, Judge.
James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.
The State acknowledges that Wilson v. State, 530 So.2d 1111 (Fla. 5th DCA 1988), is determinative of the issue in this cause since no evidence was presented indicating that the firearm carried by the appellant was concealed. Accordingly, the order of the trial court denying the motion for judgment of acquittal is reversed, and the order imposing probation is vacated.
REVERSED.
COBB and GRIFFIN, JJ., concur.