CopyCited 68 times | Published | Supreme Court of Florida | 1988 WL 1507
...(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree... . (Emphasis supplied.) The elements of the offense of possession of a firearm are set forth in section 790.02(2): Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree....
...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section
812.13, there would also be a violation of section
790.02(2)....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...charge; and third, that the appellant's constitutional rights were violated by being presented to the victim for identification following his arrest. The initial arrest was not unlawful. Carrying a concealed weapon constituted a breach of the peace. § 790.02 Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63448
...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section
812.13, there would also be a violation of section
790.02(2).[ [5] ] Robbery, under section
812.13(1), becomes the enhanced offense of armed robbery under
812.13(2)(a) by reason of the element of carrying or displaying a firearm....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 12561
...l convictions were proper. In Hall, at 679, the court has changed the substantive law as it relates to convictions both for armed robbery under section
812.13, Florida Statutes, and for possession of a firearm during the commission of a felony under section
790.02, arising out of the same criminal act....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 6868
conditions enforced by the district court. Section 790.2(a) empowers DASCO, among others, to confer relief
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 114
...The enhancement had the effect of making Dominguez' armed burglary conviction, normally a first degree felony, [2] scored as a life felony. His conviction for possession of a firearm, normally a second degree felony, [3] was scored as a first degree felony. The two remaining offenses carrying a concealed weapon, section
790.02, Florida Statutes (1983); and *278 second degree grand theft, section
812.014, Florida Statutes (1983), both third degree felonies were scored as second degree felonies....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...nship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. *787 * * * * * * "(2) Lawful uses. This section shall not authorize carrying a concealed weapon without a permit, as prohibited by §
790.01 and §
790.02....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1543
...he console. It was this derringer which was the basis of the state's charge and the defendant's conviction. Officers who have reasonable grounds or probable cause to believe that a person is carrying a concealed weapon may make a warrantless arrest. § 790.02, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958667
...hat a crime had been or was being committed by appellant. The trial court concluded that the officer had probable cause to arrest appellant for either carrying a concealed firearm and/or weapon, contrary to Fla. Stat.
790.01(1) or (2) and Fla. Stat.
790.02, or trespassing....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063
...Mackey does not contest the trial court's factual determination that the firearm was "concealed." [3] But see, e.g., §
790.053 Fla. Stat. (2010) (prohibiting the open carrying of a firearm); §
790.22(3) Fla. Stat. (2010) (prohibiting generally the possession of a firearm by a minor). [4] §
790.02 Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1988 WL 63445
...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section
812.13, there would also be a violation of section
790.02(2).[ [8] ] Robbery, under section
812.13(1), becomes the enhanced offense of armed robbery under
812.13(2)(a) by reason of the element of carrying or displaying a firearm....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 48652
...firearm or carrying a firearm while committing a robbery. To hold otherwise would mean that, for every offense of robbery in which a defendant uses or carries or displays a firearm, in violation of section
812.13, there would also be a violation of section
790.02(2) [sic]....
CopyPublished | Court of Appeals for the Eleventh Circuit
conditions enforced by the district court. Section 790.-2(a) empowers DASCO, among others, to confer
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 4912, 2007 WL 981763
...on or about his or her person commits a misdemeanor of the first degree.” §
790.01(1). An officer may arrest an individual for carrying a concealed weapon without obtaining a warrant provided the officer has “probable cause to believe that the offense of carrying a concealed weapon is being committed.” §
790.02, Fla....