Carl Malcolm Collins v. State Florida

Defendant was convicted for (1) carrying a concealed firearm, (2) aggravated assault, and (3) obstructing or opposing a police officer. We reverse the concealed weapon conviction as a matter of law, and affirm the obstruction and assault convictions because they are supported by competent evidence. In November of 1981, Belle Glade Officer John Smith was patrolling in a police cruiser when he saw defendant seemingly pointing a gun at a Mr. Fulton. In fact, the defendant was merely showing Fulton, his friend, an inoperative Crossman pellet gun. Officer Smith braked, got out of his cruiser, stood behind a parked vehicle with his gun aimed at defendant and ordered the defendant to drop his gun.