Florida/Georgia Personal Injury & Workers Compensation

...We applied this rule in Vance v. State, 472 So.2d 734 (Fla.1985), in which the petitioner was charged with two counts of aggravated assault with a deadly weapon and was convicted on each of the lesser-included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which prohibits such exhibition “in the presence of one or more persons.” Relying on Troedel’s fundamental error pronouncement, we held that because section 790.10 was only violated once in the single episode, the second conviction was “totally unsupported by evidence.” 472 So.2d at 735 ....

...We applied this rule in Vance v. State, 472 So.2d 734 (Fla.1985), in which the petitioner was charged with two counts of aggravated assault with a deadly weapon and was convicted on each of the lesserincluded offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which prohibits such exhibition "in the presence of one or more persons." Relying on Troedel's fundamental error pronouncement, we held that because section 790.10 was only violated once in the single episode, the second conviction was "totally unsupported by evidence." 472 So.2d at 735....

...detained for more than five hours, still handcuffed behind his back. He was charged in two counts with Resisting or Obstructing an Officer Without Violence under Fla. Stat. § 843.02 and one count of Reckless Display of a Firearm in violation of Fla. Stat. § 790.10....

...structions. Goswick v. State, supra. From the record it appears that the jury here was properly instructed on the elements of the crime charged and was also instructed on the lesser included offense of improper exhibition of a dangerous weapon (F.S. Section 790.10, F.S.A.)....

...case and is not otherwise admissible to discredit the witness (i.e., does not show bias, corruption or incompetency). Appellant was charged with aggravated assault, § 784.021(1)(a), Fla. Stat. (1979), and improper exhibition of a dangerous weapon, § 790.10, Fla....

...In these consolidated appeals, appellant, the state of Florida, seeks reversal of a pretrial order suppressing evidence and an order dismissing Count II of the information, which charged appellee, James R. Boyd, with the improper exhibition of a firearm in violation of section 790.10, Florida Statutes (1991)....

...render the subsequent consent free and voluntary. See Gonzalez; Husted v. State, 370 So.2d 853 (Fla. 3d DCA 1979). *791 We finally turn to the order dismissing the count of the information that charged appellee with improper exhibition of a firearm. Section 790.10, Florida Statutes (1991), upon which the charge was based, provides as follows: If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more per...

...ain him. Key to the application of Baptiste II to this case is the fact that the officers there had received information from dispatch reporting a man waving a gun in front of a *603 grocery store. The improper exhibition of a weapon is a crime. See § 790.10, Fla....

...Assume, for argument's sake, that the majority is correct in suggesting that a report of illegal conduct was necessary in this case before Officer Castro could effectuate a stop. Section 790.053(1), Florida Statutes (2008), prohibits "any person to openly carry on or about his or her person any firearm." See also § 790.10, Fla....

...another person." Here, the weapon was only revealed when Regalado allegedly raised his shirt to show his friends. At most, he "displayed" his gun to his friends. That is a crime only if it is done in a "rude, careless, angry, or threatening manner." § 790.10, Fla....

...At trial there was testimony from both Jackson and Fleming that petitioner pointed the gun at them. Petitioner was charged with two counts of aggravated assault with a deadly weapon. Defense counsel requested instructions on the lesser included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which provides: 790.10 Improper exhibition of dangerous weapons or firearms....

...(Emphasis supplied.) The jury returned guilty verdicts on each count for the lesser included offense of improper exhibition of a dangerous weapon, and the trial court imposed sentences for each conviction. On appeal, petitioner relied on Solomon to argue that the separate convictions and sentences were impermissible, as section 790.10 obviously contemplates the act of exhibiting a firearm in the presence of two persons....

...The district court refused to reach the issue, finding the defendant estopped *735 to complain because he had requested the instructions that were given. The district court disagreed with Solomon "[i]nsofar as [it] finds the error of separate convictions under Section 790.10 fundamental......

...The district court did not have the benefit of our decision in Troedel v. State, 462 So.2d 392, 399 (Fla. 1984), wherein we held that "a conviction imposed upon a crime totally unsupported by evidence constitutes fundamental error." Under Troedel we reach the issue presented on its merits. Section 790.10 by its express wording proscribes the act of exhibiting the weapon in the presence of one or more persons. We approve the interpretation of section 790.10 in Solomon that precludes multiple convictions for a single act of exhibition....

...4th DCA 1995), relied upon by Mauldin, are distinguishable. In these cases, the courts held that multiple convictions for improper firearm display were not authorized because the statute provided that the offense was committed when a person exhibited a firearm "in the presence of one or more persons. " § 790.10, Fla....

...fendant is convicted of aggravated assault with a firearm. See Carter v. State, 693 So.2d 111, 112 (Fla. 5th DCA 1997). No error is demonstrated here. C. WHETHER DEFENDANT WAS IMPROPERLY CONVICTED ON THREE COUNTS OF IMPROPER EXHIBITION OF A FIREARM. Section 790.10, Florida Statutes (1997) provides: If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, a...

...The trial court must also vacate two of the convictions and sentences for improper exhibition of a firearm. Appellants remaining points are either not preserved for appeal or are without merit. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] § 790.10, Fla....

...tening manner while in the presence of three police officers. Appellant proceeded to trial under these charges, and the jury found appellant guilty of two counts of the lesser included offense of improper exhibition of a dangerous weapon pursuant to section 790.10, Florida Statutes (1993)....

...We do, however, agree with Michaud's contention that his conviction for aggravated assault with a firearm must be set aside. At trial, Michaud requested that the jury be instructed on the lesser included offense of improper exhibition of a dangerous weapon or firearm. Section 790.10, Florida Statutes (2008), defines this offense as follows: If any person having or carrying any......

...nts at trial. Brown v. State, 206 So.2d 377, 383 (Fla.1968); State v. Von Deck, 607 So.2d 1388 (Fla. 1992). Thus, the information must allege, and the evidence must prove, the weapon was exhibited in a "rude, careless, angry, or threatening manner." § 790.10, Florida Statutes....

...Stone's conviction and sentence for aggravated assault are therefore vacated, and the judgment appealed is REVERSED. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] U.S.Const. Amend. V and Amend. XIV; Art. I, § 9, Fla. Const. [2] § 784.011, Fla. Stat. (1979). [3] § 790.10, Fla....

...[6] An assault is a "threat ... to do violence ... which creates a well-founded fear ... that such violence is imminent." § 784.011(1), Fla. Stat. (1979). [7] "If any person having or carrying any ... firearm ... shall ... exhibit the same in a ... careless ... manner... ." § 790.10, Fla....

...in which the defendant preserved the point on appeal. [3] James was convicted of the lowest possible offense, assault, a second-degree misdemeanor. § 784.011, Fla. Stat. (1979). Improper exhibition of a firearm is a misdemeanor of the first degree. § 790.10, Fla....

...See Santiago v. State, 77 So.3d 874 (Fla. 4th DCA *725 2012) for the law on carrying a concealed weapon within one’s own home. This instruction was adopted in 1981 and was amended in 1989 and 2013. 10.5 IMPROPER EXHIBITION OF A [WEAPON][FIREARM] § 790.10, Fla....

...n the commission of a crime. An antique firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive de *726 vice is (insert definition in § 790.001(h), Fla. Stat.]. Lesser Included Offenses IMPROPER EXHIBITION OF A WEAPON OR FIREARM — 790.10 CATEGORY ONE CATEGORY TWO FLA....

...December 12, 1983. *1031 Charlene V. Edwards, Asst. Public Defender, Tallahassee, for appellant. No response for appellee. SHIVERS, Judge. Solomon appeals his convictions and sentence based on two counts of improper exhibition of a dangerous weapon, section 790.10, Florida Statutes (1981)....

...es charged. However, since the jury found appellant guilty of improper exhibition of a dangerous weapon (a lesser included offense of aggravated assault), the trial court erred by adjudicating appellant guilty of two counts as opposed to merely one. Section 790.10, Florida Statutes (1981), states: 790.10....

...the gun and no officer actually suffers injury. It is difficult, without a clearer indication than the materials before us provide, to find that Congress intended this result. 358 U.S. at 177, 79 S.Ct. at 213 (footnote omitted). An interpretation of section 790.10, Florida Statutes, which favors multiple convictions *1033 for a single act of exhibition could also produce incongruous results....

...[1] The trial court found the defendant to be a habitual violent felony offender, and sentenced him to life in prison without eligibility for release for fifteen years under Section 775.084(4), Florida Statutes (1989). Brooks was also convicted for improper exhibition of a firearm pursuant to Section 790.10, Florida Statutes (1989), and sentenced to one year to run concurrent with the life sentence....

...se supervision. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. [3] See § 784.021(1)(a), Fla. Stat. (2000). [4] See § 790.10, Fla....

...irst or second degree, the person convicted shall be guilty of a misdemeanor of the second degree punishable as provided in F.S. § 775.082 or § 775.083. Again, the advantage of the requested instruction to the defendant is manifest. [3] Fla. Stat. § 790.10 provides: If any person having or carrying any dirk, sword, sword cane, firearm, or other weapon shall in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense...

...The second exception is triggered when "the evidence is insufficient to show that a crime was committed at all." Id.; see, e.g., Vance v. State, 472 So.2d 734 (Fla.1985) (holding that the second conviction was "totally unsupported by the evidence" because section 790.10, Florida Statutes (1981) was violated only once in a single episode)....

...4th DCA 1980), pet. for review denied, 399 So.2d 1140 (Fla.1981). We do, however, agree with appellant that he should not have been sentenced to two counts of Improper Exhibition of a Firearm where he committed only one act, regardless of the number of victims. Section 790.10, Florida Statutes (1995) provides as follows: If any person having or carrying any ......

...From the photographs, the jury could see the tissue destruction and the ripping and tearing of the tissue. In addition, based on our viewing of the *687 record, the exhibits do not appear to be gross or shocking. AFFIRMED. HARRIS and PETERSON, JJ., concur. NOTES [1] § 784.045(1)(a)1., Fla. Stat. [2] § 790.10, Fla....

...ns on (1) the justifiable use of force in self defense, see Fla. Std. Jury Instr. (Crim.) 3.04(a), Justifiable Use of Non-deadly Force; and (2) the category 2 permissive lesser-included offense of improper exhibition of a deadly weapon, see sections 790.10 and 784.045(1)(a)(2), Fla....

...at 1388 (citing State v. Dye, 346 So.2d 538, 541 (Fla.1977)). Here, the charging information is devoid of any allegation that appellant exhibited his knife "in a rude, careless, angry or threatening manner," an essential element of the offense under section 790.10, Florida Statutes....

...ssion of the aforesaid felonies, in violation of Section 790.07(2), Florida Statutes (1977). The jury found Palacio not guilty of shooting at an occupied vehicle and, instructed that improper exhibition of a firearm, a first degree misdemeanor under Section 790.10, Florida Statutes (1977), was a lesser offense of the attempted first degree murder charge, it found Palacio guilty of this misdemeanor, thereby effectively finding him not guilty of attempted murder....

...for the definition of license to carry a concealed weapon or firearm. This instruction was adopted in 1981 and was amended in 1989, and 2013 [131 So. 3d 720], and 2018. 10.5 IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] § 790.10, Fla....

...me. An antique firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.]. Lesser Included Offenses IMPROPER EXHIBITION OF A WEAPON OR FIREARM — 790.10 CATEGORY ONE CATEGORY TWO FLA....

...or each aggravated assault. The jury found Mr. Roberts guilty of improper exhibition of a firearm as a lesser offense for both counts. The trial court entered judgments for both convictions and sentenced Mr. Roberts to concurrent terms of probation. Section 790.10, Florida Statutes (2007), prohibits the exhibition of a firearm "in the presence of one or more persons." Accordingly, although Mr....

...heme. Richard Getchell, Carrying Concealed Weapons in Self-Defense: Florida Adopts Uniform Regulations for the Issuance of Concealed Weapons Permits, 15 Fla. St. U.L. Rev. 751, 755-56 &n.23 (1987). . Representative Johnson contended that because section 790.10 made it unlawful for an individual to “exhibit the [firearm] in a rude, careless, angry, or threatening manner, not in necessary self-defense,” the open carrying of firearms was already illegal....

...r not to give a requested instruction on an offense which is one step removed from the charged offense.” Michaud v. State, 47 So.3d 374, 376 (Fla. 5th DCA 2010) (emphasis added) (citing Janus v. State, 477 So.2d 644, 645 (Fla. 2d DCA 1985)). Under section 790.10, Florida Statutes (2009), improper exhibition of a dangerous weapon occurs when “any person having or carrying any ......

...ility to do so ... and in so doing did use a deadly weapon, to-wit: Knife.” Further, the evidence presented at trial was sufficient for a jury to conclude that Christ exhibited the knife in a “rude, careless, angry, or threatening manner.” See § 790.10....

...Although the State failed to prove that Timothy Konrath, Jr. committed the crime of aggravated assault with a firearm, all of the elements of the lesser included offense of improper exhibition of a firearm were determined by the jury verdict to have been established. See § 790.10, Fla....

...We agree that the trial court’s assessment of the additional points was improper as those points may only be assessed “[i]f the offender is convicted of committing or attempting to commit any felony....” See § 921.0014(l)(b), Fla. Stat. (1997). Improperly exhibiting a dangerous weapon is a misdemeanor. See § 790.10, Fla....

...close supervision. The staff at a facility at this commitment level may seclude a child who is a physical threat to himself or herself or others. Mechanical restraint may also be used when necessary. . See § 784.021(l)(a), Fla. Stat. (2000). . See § 790.10, Fla....

...Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. Before SUAREZ, CORTIÑAS, and EMAS, JJ. SUAREZ, J. Ricardo Martinez appeals from his conviction and sentence for improper exhibition of weapon pursuant to section 790.10, Florida Statutes (2009)....

...He did so in the presence of one or more persons. If you find that the defendant committed the aggravated assault in necessary self-defense and/or defense of others, you must find him not guilty. [emphasis added]. [2] Whether the self-defense clause of section 790.10, Fla....

...degree murder and one count of carrying a concealed firearm. With respect to the attempted second-degree murder counts, the jury found Mr. Lambert guilty of two counts of the lesser included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (2012)....

...he carrying a concealed firearm count. We find no error in Mr. Lambert's conviction or sentence with respect to the charge of carrying a concealed firearm. However, Mr. Lambert is correct that his two convictions and sentences under section 790.10 for what was clearly a single criminal episode in which he wielded a handgun in the presence of two victims violated the prohibition against double jeopardy. See Vance v. State, 472 So. 2d 734, 735 (Fla. 1985) ("Section 790.10 by its express wording proscribes the act of exhibiting the weapon in the presence of one or more persons. We approve the interpretation of section 790.10 ....

...State, 47 So. 3d 380, 380 (Fla. 2d DCA 2010) (holding that improper exhibition of a firearm by a taxi driver who had gotten into a dispute with two men in a pickup truck could only support a single conviction of that offense under the language of section 790.10); Bass v....

...-2- support the State's conclusory assertion that Mr. Lambert's repeatedly displaying a firearm during a domestic dispute among three individuals in a driveway somehow constituted separate criminal incidents under section 790.10....

...The verdict form shows the jury actually found Appellant guilty on Count 1 of aggravated assault with a firearm – no actual possession of a firearm, a third-degree felony; see sections 784.021(2), 775.082(3)(d), Florida Statutes (2013); on Count 2 of improper exhibition of a firearm, a first-degree misdemeanor; see section 790.10, Florida Statutes (2013); and on Count 3 of attempted robbery with a firearm – no actual possession of a firearm, a second-degree felony; see sections 812.13(2)(a), 777.04(4)(c), 775.082(3)(c), Florida Statutes (2013). No sentencing errors were preserved for appeal....

...eld a knife to his then-seventeen-year-old girlfriend’s throat during a late-night quarrel in April 2007. The State amended the delinquency petition shortly before trial to charge appellant with improperly exhibiting a dangerous weapon pursuant to section 790.10, Florida Statutes (2006)....

...This testimony led the State to drop the charge of aggravated, assault. Investigators apparently never found the knife. After a bench trial (and an impromptu post-trial research session at the judge’s behest to uncover cases interpreting the term “dangerous weapon” in section 790.10), the trial court found appellant guilty of improper exhibition of a dangerous weapon and sentenced him to a moderate-risk residential program, with one year of probation to follow. ANALYSIS The State bore the burden at trial of presenting competent, substantial evidence that appellant violated section 790.10 by exhibiting a “dirk, sword, sword cane, firearm, electric weapon or device, or other weapon ... in the presence of one or more persons ... in a rude, careless, angry, or threatening manner.” § 790.10, Fla....

...ppellant wielded it, we conclude the State presented no evidence by which the trial judge could possibly have found the knife constituted a “dangerous weapon” which appellant exhibited “in a rude, careless, angry, or threatening manner.” See § 790.10, Fla....

...denied 553 So.2d 1166 (Fla.1989). Appellant was also impermissibly sentenced to a term of imprisonment in excess of the one year statutory maximum under section 775.082(4)(a), Florida Statutes, for the first degree misdemeanor of improper exhibition of a firearm as described in section 790.10, Florida Statutes....

...Thomas asserts that his conviction of two counts of improper exhibition of a firearm violates his protections against double jeopardy. A double jeopardy violation is a fundamental error that may be raised for the first time on appeal. See State v. Johnson, 483 So.2d 420 (Fla.1986). Section 790.10, Florida Statutes (2012), prohibits the exhibition of a firearm or other weapon “in the presence of one or more persons.” Accordingly, although Mr....

...o violence” to the officer. § 784.011(1), Fla. Stat. (1999). We therefore reverse the denial of her motion for judgment of acquittal and remand for the trial court to convict her of the lesser included offense of improper exhibition of a firearm. § 790.10, Fla, Stat....

...Convicted of “exhibiting a firearm or other deadly weapon in a rude, careless, angry or threatening manner,” appellant contends that the State failed to meet its burden of proving that the BB gun he wielded was a “weapon” within the meaning of section 790.10, Florida Statutes (2011). We agree and therefore reverse and remand for the entry of a judgment of dismissal. Section 790.10 provides: If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening mann...

...The elements of improper exhibition 2 of a firearm are: (1) having or carrying a firearm; (2) exhibiting the firearm in a rude, careless, angry, or threatening manner, and (3) doing so in the presence of one or more persons. See Fla. Std. Jury Instr. (Crim.) 10.5; see also § 790.10, Fla....

...luded lesser offenses of aggravated assault, they are not comparable lesser offenses because they are different degrees. Assault is a second-degree misdemeanor whereas improper exhibition of a firearm is a first-degree misdemeanor. See §§ 784.011, 790.10, Fla....

CONFESSION OF ERROR PER CURIAM. Upon the State’s proper confession of error based upon section 790.10, Florida Statutes (1993); Vance v....

...McCloud, 577 So.2d 939 (Fla.1991); and State v. Smith, 547 So.2d 613 (Fla.1989). Section 784.021, governing aggravated assaults, requires, among other things, that the defendant create in the mind of the victim a well-founded fear that violence is about to take place. By contrast, section 790.10, governing improper exhibition of a weapon, does not require that the victim be placed in fear....

...Further, unlike section 784.021, a defendant may be convicted of improper exhibition for merely carelessly, angrily or rudely displaying a weapon. It is not necessary that the defendant make a threatening gesture with the weapon to be convicted of violating section 790.10....

(opinion filed this date); § 790.07(2), Fla.Stat.; § 790.-10, Fla.Stat.

...United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). Robbery requires that force, violence, or fear be used during the course of the offense. § 812.13, Fla. Stat. (1993). By contrast, improper exhibition requires neither force, violence, or fear. § 790.10, Fla....

...to the elements of aggravated assault under Florida law. We conclude that the Georgia offense of pointing or aiming a gun or pistol at another is most closely analogous to the Florida offense of improper exhibition of a dangerous weapon or firearm. Section 790.10, Florida Statutes (1993), provides: If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless,...

...[his wife] that such violence was imminent, and in so doing did use a deadly weapon, to wit: a chair, without intent to kill [his wife]. During the jury instruction conference, Mr. Collier requested an instruction on improper exhibition of a dangerous weapon pursuant to section 790.10, Florida Statutes (2012)....

...That statute makes it an offense for any person who has or carries “any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon ... in the presence of one or more persons” to “exhibit the [weapon] in a ... threatening manner.” The definition of “weapon” for purposes of section 790.10 is located in section 790.001(13). A chair, of course, is not specifically listed as a weapon in that definition. Thus, for a chair to be a “weapon” under section 790.10, it must be an “other deadly weapon.” To be a deadly weapon, a chair must be “used or threatened to be used in a way likely to cause death or great bodily harm.” See Fla....

...State, 104 So.3d 1262 (Fla. 2d DCA 2013). In section 790.001(13), a “knife” is a specifically listed “weapon” and, thus, does not need to qualify as an “other deadly weapon” under that section to be an “other weapon” for purposes of improper exhibition under section 790.10....

1995). PETERSON, C.J., and ANTOON, J., concur. . § 790.10, Fla. Stat. (1993). . § 843.02, Fla. Stat. (1993)

...mmittee’s proposed new comment in instruction 10.5 regarding the exhibition of an antique firearm. The comment proposed by the Committee states that it is presently unclear whether a defendant who improperly exhibits an antique firearm violates section 790.10, Florida Statutes (2015)—the statute upon which instruction 10.5 is based....

...roper exhibition of a weapon or firearm if he or she: (1) has or carries a weapon or firearm; (2) exhibits the weapon or firearm in a rude, careless, angry, or threatening manner; and (3) does the foregoing in the presence of one or more persons. § 790.10, Fla....

...That definition—which stems from section 790.001(6), Florida Statutes (2015)—expressly states that the term “firearm” does not include antique firearms unless such are used in the commission of a crime. The proposed comment is thus inconsistent with how the term “firearm” is defined within the context of section 790.10, Florida Statutes, and instruction 10.5....

...had an intent to kill. Lesser Included Offenses AGGRAVATED ASSAULT — 784.021 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Improper exhibition of 790.10* 10.5* a dangerous weapon or firearm, if Fla....

...- —784.07(2)(c) CATEGORY ONE CATEGORY TWO FLA. STAT INS. NO. Aggravated assault 784.021 8.2 Assault on law 784.07(2)(a) 8.10 enforcement officer Improper exhibition 790.10* 10.5* of a dangerous weapon or firearm, if Fla....

...CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Aggravated assault 784.021 8.2 Assault on person 65 784.08(2)(d) 8.17 years of age or older Improper exhibition of 790.10* 10.5* a dangerous weapon or firearm, if Fla....

...5th DCA 2010) with Mack v. State, 305 So. 2d 264 (Fla. 3d DCA 1974). This instruction was adopted in 1997 [697 So. 2d 84] and amended in 2013 [131 So. 3d 755], and 2016. 10.5 IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] § 790.10, Fla....

...e. An antique firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert definition in § 790.001(4), Fla. Stat.]. Lesser Included Offenses IMPROPER EXHIBITION OF A WEAPON OR FIREARM — 790.10 CATEGORY ONE CATEGORY TWO FLA....

...having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense.” § 790.10, Fla....

...etallic knuckles, slung-shot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.” (Emphasis added). When a knife is the weapon involved in a section 790.10 charge, it is necessary for the state to establish that the knife is not a “common pocketknife,” which is specifically excluded from the definition of the crime by section 790.001(13)....

...1st DCA 1983), the defendant argues that the two separate convictions and sentences for improper exhibition of a dangerous weapon are impermissible because the single act of exhibiting a firearm in the presence of two people constitutes a single offense under Section 790.10, Florida Statutes (1981)....

...onvictions, we have necessarily determined that the error asserted by the defendant is not fundamental so as to excuse the defendant’s failure to request the appropriate instruction. Insofar as Solomon finds the error of separate convictions under Section 790.10 fun *996 damental, we disagree with that part of the Solomon decision....

threatening manner, not in necessary self-defense.” Section 790.-10, Florida Statutes (1993). Here, in our view

...1 The state subsequently filed a petition for delinquency against C.W., charging him with two offenses: resisting Officer Riley in violation of section 843.02 and exhibiting a BB gun “in the presence of one or more persons in a rude, careless, angry or threatening manner” in violation of section 790.10, Florida Statutes (1985). At the hearing on the petition, Officer Riley was the only witness to testify. C.W. moved for judgment of acquittal on the section 790.10 charge on the ground that Officer Riley’s testimony failed to establish that C.W. had displayed the BB gun in a reckless or negligent manner. The trial court granted C.W.’s motion for judgment of ac *67 quittal on section 790.10 violation but adjudicated C.W....

...guilty of the category two lesser-included offense of improper exhibition of a dangerous weapon. One of the necessary elements of improper exhibition of a dangerous weapon is exhibiting the weapon in a “rude, careless, angry, or threatening manner.” § 790.10, Fla....

...Because we have determined that certiorari review is appropriate in the circumstances *739 of this case, we issue the writ and remand for further proceedings. On June 29, 2002, petitioner was arrested on charges of (1) improper exhibition of a firearm or dangerous weapon, pursuant to section 790.10, Florida Statutes (2002), and (2) discharge of a firearm in public, pursuant to section 790.15(1), Florida Statutes (2002)....

NORTHCUTT, Judge. Michael Micklos was charged with the improper exhibition of a firearm, a first-degree misdemeanor. See § 790.10, Fla....

convicted of improper exhibition of a weapon under Section 790.-10, Florida Statutes (1975).

...econd degree aggravated assault with a deadly weapon because the evidence presented was legally insufficient. However, the evidence is sufficient to support a judgment of guilt for the lesser included offense of improper exhibition of a weapon under section 790.10, Florida Statutes (2001)....

...each element.”). Pursuant to section 924.34, Florida Statutes, we remand with instructions to the trial court to enter a judgment against Appellant for the lesser-included offense of improper exhibition of a firearm on that count, in violation of section 790.10, Florida Statutes, and resen-tence Appellant accordingly....

...Because of the trial counsel’s confusion over a rule of procedure, Salyers has been stymied in her efforts to appeal her misdemeanor conviction. She is entitled to relief, although not in this court. A jury found Salyers guilty of improper exhibition of a weapon, in violation of § 790.10, Florida Statutes....

...We applied this rule in Vance v. State, 472 So.2d 734 (Fla.1985), in which the petitioner was charged with two counts of aggravated assault with a deadly weapon and was convicted on each of the lesser-included offense of improper exhibition of a dangerous weapon under section 790.10, Florida Statutes (1981), which prohibits such exhibition “in the presence of one or more persons.” Relying on TroedeVs fundamental error pronouncement, we held that because section 790.10 was only violated once in the single episode, the second conviction was “totally unsupported by evidence.” 472 So.2d at 735 ....

...1 WARNER and SHAHOOD, JJ., concur. . The fact that there were different victims involved in Sanders is not significant to our *465 analysis because the crime in Sanders , improper exhibition of a weapon, is defined as being "in the presence of one or more persons. § 790.10, Fla....

time the crime was committed. . § 787.02(2); § 790.10; and § 800.03, Fla. Stat. (2001). . Williams

dangerous weapon or firearm, a violation of section 790.10, Florida Statutes. The improper exhibition

...In 1990, he adjusted his status to lawful permanent resident. In 2018, Mr. Simpson pled guilty in a Florida court to being a felon in possession of a firearm, in violation of Fla. Stat. §§ 790.23(1) & 775.087(2)(a)(1), and to the improper exhibition of a weapon, in violation of Fla. Stat. § 790.10....

...For the reasons stated herein, we reverse and remand for a new trial. ERVIN and WOLF, JJ., and CAWTHON, Senior Judge, concur. . Although appellate counsel goes to great lengths to convince this court that both defense counsel and the court were of the understanding that the requested instruction was based on section 790.10, Florida Statutes, "Improper exhibition of dangerous weapons or firearms," it is abundantly clear from the record that defense counsel, however inartfully, was in fact requesting an instruction based on section 790.15....

PER CURIAM. Appellant, A.P., pled nolo contendere to improper exhibition of a weapon, a first-degree misdemeanor. Section 790.10, Fla....

...*400 The trial court did err, however, in placing D.S. on community control with special conditions “until the child’s 19th birthday, unless sooner released by the court.” At the time of the disposition hearing, D.S. was 14. 4 Improper exhibition of a firearm is a first-degree misdemeanor. See § 790.10, Fla....

...Accordingly, we affirm the adjudication of delinquency and remand to the trial court to specify that the term of community control is for a maximum of one year. ADJUDICATION AFFIRMED; DISPOSITION VACATED and REMANDED. HARRIS and PETERSON, JJ., concur. . § 790.10, Fla....

...use of a firearm to threaten others). Private persons, like the petitioner, are prohibited from “openly carry[ing]” a firearm, including intentionally displaying it in a “threatening manner, not in necessary self-defense.” § 790.053(1), Fla. Stat.; see also § 790.10, Fla....

...n favor of the lawful use, ownership, and possession of firearms_’ § 790.25(5), Fla.Stat. (1989).” Id. at 1232. REVERSED and REMANDED. GOSHORN, C.J., and COBB, J., concur. W. SHARP, J., dissents with opinion. . § 790.01(2), Fla.Stat. (1991). . § 790.10, Fla.Stat....

...James' chest, and he died shortly thereafter. Mr. Dooley was subsequently charged with one count of manslaughter with a weapon under sections 782.07(1) and 775.087(1)(b), Florida Statutes (2010), one count of improper exhibition of a firearm pursuant to section 790.10, Florida Statutes (2010), and one count of openly displaying a firearm under section 790.053....

...constitute a defense to that offense. On cross-examination, Mr. Dooley stated unequivocally that he felt neither alarmed nor threatened by Mr. James when Mr. James asked to see where the no skateboarding signs were. And none of the remaining 7Section 790.10 defines improper exhibition of a firearm as follows: "If any person having or carrying any ....

...ints. Further, since all of the sentences were affected by this sentencing error, we vacate all of the sentences and remand for re-sentencing. Sentences VACATED; REMANDED for re-sentencing. THOMPSON and ANTOON, JJ., concur. . § 790.23, Fla. Slat. . § 790.10, Fla....

...mproper exhibition of a firearm in the jury instructions. The appellant also suggests that, in changing the instructions after the parties' closing arguments, the judge made an improper comment on the evidence. We disagree on both points and affirm. Section 790.10, Florida Statutes, prohibits improper exhibition of dangerous weapons or firearms, and provides: 790.10....

...one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 790.10, Fla....