Odessa resident Richard Patino, 55, is a free man after being adjudicated guilty of a first-degree misdemeanor for carrying a concealed weapon.
Patino was arrested July 17, 2022, following a reported domestic disturbance at a vacation rental in Holmes Beach.
A relative told police they had a verbal altercation, after which Patino left the property.
Holmes Beach police officers located Patino, who was carrying a loaded pistol in a pocket of his shorts.
Police also found cocaine, a controlled substance, in Patino’s vehicle.
Patino was arrested, jailed and released the next day after posting $10,500 bond.
He was charged with a second-degree felony for possession of a firearm by a convicted felon and two third-degree felonies for possession of cocaine and a concealed weapon.
Patino pleaded not guilty but the state attorney’s office ultimately dropped the charges for possession of cocaine and a firearm by a convicted felon.
The SAO also reduced the third-degree felony charge for carrying a concealed weapon to a first-degree misdemeanor.
Justin Foster, assistant state attorney for the 12th Circuit, told The Islander Feb. 20 that the charges were dropped and reduced because the court was likely to suppress evidence regarding the case due to mistakes in police procedure.
Foster said law enforcement officers must have a reasonable suspicion of criminal activity to conduct pat-down searches and, upon review, he found the police who searched Patino lacked that basis.
He added that the state would rather plead the case to an adjudication of guilt than lose it entirely after evidence is suppressed.
Patino pleaded no contest to the misdemeanor charge Aug. 17, 2023.
Judge Heather Doyle of the 12th Circuit Court ruled the same day to adjudicate Patino guilty of the misdemeanor charge.
Doyle sentenced Patino to forfeit the firearm, as well as pay fines and fees. The sentence does not include prison time or probation.