Topeka ? The city of Topeka has dropped its criminal case against a man who carried a holstered handgun in a mall.

Matthew Roberts, who openly carried a handgun in a holster inside West Ridge Mall earlier this year, was convicted in Municipal Court of transporting a firearm in a vehicle.

He later appealed his conviction.

Assistant City Attorney Craig Spomer filed a district court document Thursday dismissing the charge against Roberts.

It was reported that the city attorney’s office determined there wasn’t sufficient evidence to proceed on the transportation count.