State v. Yarn, 63 So. 3d 82

The State appeals a trial court order dismissing count II for carrying a concealed firearm against Johnny Yarn.
Probable cause affidavit described a July 24, 2009 incident in Manatee County where Yarn was seen in dark clothing, holding a black T-shirt, and fleeing from deputies after spotlighting.
Aviation and patrol officers later located Yarn behind a church; Yarn admitted running and dropping a firearm and a T-shirt, but claimed no knowledge of where they were dropped.
Officers found two cigar tubes with crack cocaine and a firearm under a black Memorial Rob-D T-shirt behind the church; the shirt appeared newly placed there.
Yarn was charged with possession of cocaine with intent to sell within 1000 feet of a place of worship and carrying a concealed firearm.
Yarn moved to dismiss the concealed firearm count under Fla. R. Crim. P. 3.190(c)(4), arguing there was no evidence of a gun on Yarn.
The State filed a traverse claiming deputies would testify to seeing Yarn illuminated by spotlight but not carrying a firearm in plain view; the trial court granted dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the traverse establish a barest prima facie case to deny dismissal?	Yarn relies on dismissal; State contends traverse shows barest prima facie.	Yarn argues no firearm seen on him; undisputed facts negate concealment.	Traverse can establish barest prima facie; denial proper.
Is concealment inferable from circumstances when officers did not see a gun but Yarn possessed a T-shirt and fled?	State argues concealment possible under T-shirt and night conditions; permissible inference.	Yarn argues no evidence of concealment; no manner of carry shown.	Yes; additional facts in traverse create inference of concealment; deny dismissal.

Kalogeropolous v. State, 758 So.2d 110 (Fla. 2000) (establishes burden to show prima facie case in 3.190(d) context)
Dickerson v. State, 811 So.2d 744 (Fla. 2d DCA 2002) (barest prima facie standard; State may rely on circumstantial evidence)
Gay v. State, 960 So.2d 864 (Fla. 2d DCA 2007) (burden to show barest prima facie with traverse evidence)
Dorelus v. State, 747 So.2d 368 (Fla. 1999) (courts consider all circumstances and inferences in concealment analysis)
Carpenter v. State, 593 So.2d 606 (Fla. 5th DCA 1992) (gun presence judged by total circumstances; initial view not determinative)
State v. Joseph, 506 So.2d 493 (Fla. 5th DCA 1987) (visibility of weapon does not preclude concealment)
Adams v. State, 987 So.2d 1255 (Fla. 5th DCA 2008) (distinguishes closing-of-state-case judgment review from 3.190(d) issue)
Davis v. State, 761 So.2d 1154 (Fla. 2d DCA 2000) (similarly distinguishes standards of review for 3.190(d) proceedings)
Shuler v. State, 988 So.2d 1230 (Fla. 5th DCA 2008) (states standard: reasonable construction favorable to state for barest prima facie)
Bell v. State, 835 So.2d 392 (Fla. 2d DCA 2003) (de novo review of motions to dismiss)