Arrestable Offenses / Crimes under Fla. Stat. 790.221
S790.221 - POSSESSION OF WEAPON - RENUMBERED. SEE REC # 8833 - F: S
CopyCited 116 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 13597, 1997 WL 274336
...Carr then spotted
Montoute, walking or running towards Carr with a 12-gauge, pistol-grip, sawed-off, pump shotgun
in his right hand; it was pointing towards the ground. Possession of a sawed-off shotgun is a felony
in Florida. See Fla. Stat. Ann. § 790.221 (West 1992)....
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...[a disruption of governmental commerce.] Although the wording of the Section
790.161, Florida Statutes, may be ambiguous, the committee believes that "governmental" modifies only "operations" and not "commerce." 9. Pages 111 and 112 provide instructions for Sections
790.221 and
790.23, Florida Statutes, respectively....
...on. Read if 1(a), (b) or If the law enforcement officer has an opportunity to (c) given do so he must give the suspected felon warning that he is about to use force likely to cause death or great bodily harm. *1211 POSSESSION OF FORBIDDEN FIREARMS F.S. 790.221 Before you can find the defendant guilty of (crime charged), the State must prove the following two elements beyond a reasonable doubt: Elements 1....
CopyCited 90 times | Published | Supreme Court of Florida | 1994 WL 192216
...McKendry,
614 So.2d 1158 (Fla. 4th DCA 1993), in which the court certified the following question as one of great public importance: DO THE PROVISIONS OF SECTION
948.01, FLORIDA STATUTES (1989), AUTHORIZE THE IMPOSITION OF A SENTENCE OTHER THAN AS PROVIDED IN SECTION
790.221(2), FLORIDA STATUTES (1989)? Id. at 1161. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. John McKendry was convicted of possession of a short-barreled shotgun in violation of section
790.221, Florida Statutes (1989). Although the recommended guidelines sentence for McKendry's crime was community control or twelve to thirty months in prison, section
790.221(2) provided for a mandatory *46 minimum term of imprisonment of five years....
...The State appealed and the district court of appeal reversed McKendry's sentence. The court held that section
948.01, Florida Statutes (1989), the statute which gives a trial court authority to suspend a sentence and implement community control, could not operate to avoid the enforcement of the mandatory minimum term in section
790.221(2). However, because of the conflicting provisions of section
790.221(2) and section
948.01, the court certified the question quoted above. Under section
790.221, Florida Statutes (1989), it is illegal for any person to own or have in his or her care, custody, possession, or control a short-barreled shotgun. Section
790.221(2) provides that any person convicted under this statute "shall be sentenced to a mandatory minimum term of imprisonment of 5 years." §
790.221(2), Fla....
...able dispositional alternative to imprisonment, the court may place the offender in a community control program. The issue presented is whether or not section
948.01 authorizes a trial judge to depart from the minimum mandatory sentence set forth in section
790.221(2)....
...2d DCA 1986), review denied,
506 So.2d 1040 (Fla. 1987). The more specific statute is considered to be an exception to the general terms of the more comprehensive statute. Floyd v. Bentley,
496 So.2d 862, 864 (Fla. 2d DCA 1986), review denied,
504 So.2d 767 (Fla. 1987). Under this rule, section
790.221(2), which specifically addresses the criminal penalty for possession of a short-barreled shotgun, prevails over section
948.01, which generally gives a trial judge discretion to suspend criminal sentences. To arrive at any other conclusion would render the specific mandatory language of section
790.221(2) without meaning....
...4th DCA 1984), review denied,
456 So.2d 1182 (Fla. 1984). Section
948.01 was originally enacted in 1941 long before mandatory minimum sentences were known except in capital cases and at a time when trial courts still had virtually unlimited discretion in sentencing. While section
790.221 was originally enacted in 1969, it was not until 1989 that the statute was amended to include the mandatory sentencing language. *47 Although section
948.01 was also amended in 1989, the amendment concerned an unrelated issue, and there was no mention of section
790.221. Therefore, section
790.221(2) should prevail over section
948.01 as the last expression of legislative intent on the subject of sentencing for possession of a short-barreled shotgun. Legislative intent is also made clear by the 1989 amendment to section
790.221(2). Prior to 1989, section
790.221(2) read as follows: "[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years." Ch....
...The legislature specifically amended the statute to replace the permissive sentencing language limiting the maximum term of imprisonment to five years with mandatory sentencing language limiting the minimum term of imprisonment to five years. We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous expression of the legislature's intent....
...The statutes in Scates, section 397.12 and section
893.13(1)(e)(1), were both designed to combat drug abuse, and section 397.12 specifically refers to chapter 893. In contrast, the statutes in the case at bar were not created to work together toward a specific legislative goal. Section
790.221 was enacted in part specifically to address the crime of possession of a short-barreled shotgun....
...ts in the guise of fashioning an equitable sentence outside the statutory provision." Id. at 41. Consistent with our opinion in Coban, we now conclude that the courts have no discretion in whether or not to impose the automatic sentence contained in section 790.221(2)....
...[3] On December 23, 1990, in an effort to salvage an old shotgun with a broken barrel, Mr. McKendry cut the barrel off at the point where it was broken and then test-fired the gun in his own backyard. He was arrested, charged, and convicted of violating section 790.221, Florida Statutes (1989), which outlaws possession of a shotgun with a barrel under eighteen inches....
...The State appealed and the district court reluctantly reversed, ruling that the constitution requires enforcement of the five-year mandatory minimum requirement. The majority agrees. The statute under which McKendry was convicted read in part as follows: 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty....
...rms. (2) A person who violates this section commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Upon conviction thereof he shall be sentenced to a mandatory minimum term of imprisonment of 5 years. §
790.221, Fla....
...Such a draconian result can and should be avoided if possible. Because McKendry's appeal was not yet final when the change in law occurred, I would give him the benefit of that change. [8] The legislature has indicated that its reason for rescinding the mandatory minimum requirement in section 790.221 is to make room in prison "for violent offenders and nonviolent offenders who have repeatedly committed criminal offenses and have demonstrated *50 an inability to comply with less restrictive penalties previously imposed." Ch....
...ut walking the streets. In applying abstruse legal theories and venerable rules of construction to the present case, the majority has in my opinion lost sight of one thing simple justice for a common man. NOTES [1] In 1993 the legislature amended section 790.221(2) to remove the minimum mandatory term of imprisonment....
...[4] The pre-amendment version of the statute called for a term of imprisonment not exceeding five years: (2) Any person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years. §
790.221, Fla. Stat. (1987). [5] The penalty provision of the statute was changed in 1993 to read: (2) A person who violates this section commits a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, s.
775.084. §
790.221, Fla....
CopyCited 82 times | Published | Supreme Court of Florida
...F.S.A., from a summary final judgment of the Circuit Court of the Fourth Judicial Circuit in and for Duval County. We are asked to review the judgment on the assumption that in and by it the trial court initially passed upon the constitutionality of Section 790.221, Florida Statutes of 1969, F.S.A....
...Following the dismissal of all charges against the appellant he made demand upon the appellee for the return of the gun. After the arrest of the appellant and the seizure of the gun by the Sheriff and before *664 the dismissal of the charges against appellant the Legislature of the State of Florida enacted Section 790.221, Florida Statutes, F.S.A., which became law on October 1, 1969....
...." It is conceded that the firearm is not an antique firearm within the definition of that term as defined by the aforesaid statute. Upon receipt of the demand for the return of the weapon the appellee sheriff refused to return the gun, citing as his reason therefor the enactment of Section 790.221, Florida Statutes, F.S.A., which became effective subsequent to his seizure of the gun, and also advising appellant that he has no right of possession in the gun, not only by virtue of the statute, but also by virtue of an ordinance o...
...When this appeal was first filed in this Court we had doubt as to our jurisdiction because the judgment of the trial court was in general terms and did not specifically state that the basis of the court's decision was a determination that appellant had no right of possession to the gun in question because of the operation of Section 790.221....
...as only through inadvertence that specific reference thereto was not included in the summary judgment. He further stated that his judgment in favor of the appellee and against the appellant was because of the prohibition contained in Florida Statute 790.221, F.S.A....
...ght of the people through their legislature to enact valid police regulations to promote the health, morals, safety and general welfare of the people. It seems to us to be significant that the type of firearms, the possession of which is outlawed by Section 790.221, Florida Statutes, F.S.A., is that weapon which is too dangerous to be kept in a settled community by individuals, and one which, in times of peace, finds its use by a criminal....
...the provision of federal law prior to and at the time of its seizure by the appellee herein, and at the time of the institution of this suit. The gun was registered under that statute of the United States in December, 1968, prior to the enactment of Section 790.221, Florida Statutes, F.S.A....
...enalized under the statute. 30 Fla.Jur., Statutes, Section 125, Page 229. We hold that the right of possession of the appellant herein to the weapon in question as of the time of the filing of the replevin suit was not foreclosed by the operation of Section 790.221, Florida Statutes, F.S.A....
...And in Section
790.25(4) the Legislature has declared that this section shall supersede any law, ordinance or regulation in conflict therewith. It is evident, therefore, that the city ordinance relied upon by the appellee does not and cannot supersede the exception contained in subsection (3) of Section
790.221, and that the ordinance cannot constitute the basis for confiscation of the appellant's weapon. In summary we hold (1) That Section
790.221, Florida Statutes, F.S.A., is constitutional; (2) The same does not make the possession of the weapon in question by the appellant unlawful for the reason that he owns and possessed it under provisions of federal law, and (3) Jacksonville City Ordinance, Section 26-69, does not have the effect of prohibiting the appellant's right in and to said weapon because it conflicts with an express exception of Section
790.221, Florida Statutes, F.S.A....
CopyCited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2015 WL 5719466
...The district court granted a certificate of appealability *1341 (“COA”) on the issue of whether Denson’s attorney rendered ineffective assistance at sentencing by failing to object to treating Denson’s Florida conviction for possession of a short-barreled shotgun, in violation of Florida Statute § 790.221(1), as a “crime of violence” for career offender- guidelines calculations under U.S.S.G....
CopyCited 23 times | Published | Florida 1st District Court of Appeal
...lause, or subsequent statute, that is a matter of defense, and is to be shown by the other party."
7 So. at 372 (quoting from Bishop, 1 Crim.P. § 639). The exception *1060 contained in section
944.47(1)(c) is analogous to the exception contained in section
790.221(1), Florida Statutes (1977), which was found to be an exception contained in a subsequent clause....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal
...Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee. CAMPBELL, Judge. Appellant appeals his sentence for a term of five years upon his plea of guilty to the offense of possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1981)....
...ence on the guideline score sheet prepared in accordance with Florida Rule of Criminal Procedure 3.701(d). We affirm. Appellant was charged by information filed March 25, 1983, with one count of possession of a short-barreled shotgun in violation of section
790.221, and a second count of possession of a firearm by a convicted felon in violation of section
790.23, Florida Statutes (1981)....
CopyCited 18 times | Published | Supreme Court of Florida
...y instruction in criminal cases. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution (1972), and reverse the district court's decision. A jury convicted Thompson of possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1977)....
...the state had to disprove, notwithstanding the relative locations of the definition and the exception in the statute. Looking at the words of the instant statute, we find the antique weapon proviso to be an exception just as much as the exception in 790.221(3)....
...The decision of the First District Court of Appeal is quashed and this case is remanded with directions to affirm the judgment of the trial court. It is so ordered. SUNDBERG, C.J., and ADKINS, OVERTON and ENGLAND, JJ., concur. BOYD and ALDERMAN, JJ., dissent. NOTES [1] § 790.221 provides: (1) It is unlawful for any person to own or to have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms....
...up formed by subject and predicate elements but constituting a member of a complex or compound sentence instead of ranking as a completed sentence." Webster's New International Dictionary 497 (2d ed. 1947). We find that the exception contained in subsection 790.221(1) meets this definition....
CopyCited 17 times | Published | Supreme Court of Florida
...essential element of the crime of possession of a firearm without a license."
432 So.2d at 672. Conversely, the statutory exception we considered in Thompson appeared in a clause following the enacting clause. We found the statutory exception in subsection
790.221(1), Florida Statutes (1977), [2] not to be an element of the crime that the state had to prove. Given the different placement of the statutory exception in subsection
790.221(1), the district court's decision in this case is consistent with Thompson....
...ble as provided in s.
775.082, s.
775.083, or s.
775.084; provided, this section shall not apply to sheriffs, deputy sheriffs, city or town marshals, policemen, or United States marshals or their deputies as to the carrying of concealed weapons. [2] §
790.221(1) provides: It is unlawful for any person to own or to have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 18747, 2010 WL 3489079
...lorida law, which
makes it a felony “for any person to own or to have in his or her care, custody,
possession, or control any short-barreled rifle, short-barreled shotgun, or machine
gun which is, or may readily be made, operable.” Fla. Stat. § 790.221(1).3 The
statute requires knowledge of possession....
...Florida outlaws short-barreled shotguns because they are inherently dangerous and are
ordinarily used for criminal purposes. See Rinzler v. Carson,
262 So.2d 661, 666 (Fla. 1972)
(explaining (1) “that the type of firearms, the possession of which is outlawed by Section
790.221 ....
...5
The Florida statute does contain one exception to its ban. Florida excepts
“[f]irearms in violation hereof which are lawfully owned and possessed under
provisions of federal law.” Fla. Stat. § 790.221(3)....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770614
...The fact that the boy did not exist does not belie Mr. Hudson's intent, nor undermine the propriety of the trial court's denial of his motions. Affirmed. PATTERSON, C.J., and CASANUEVA, J., Concur. NOTES [1] See §
800.04(3), Fla. Stat. (1995). [2] See §
790.221, Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 1996 WL 580315
...on of a firearm by a convicted felon. [3] While each of the offenses contains the common element of possession of a firearm, each requires proof of an element that the others do not. Section
790.01(2) requires proof that the firearm was "concealed"; section
790.221 requires proof that the firearm was a "shortbarreled shotgun"; and section
790.23 requires proof that the person who was in possession of the firearm had been "convicted of a felony." Maxwell also argues that being punished three time...
...did not violate the constitutional protection against double jeopardy. Accordingly, we quash the decision below. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] §
790.01(2), Fla. Stat. (1991). [2] §
790.221, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...on for trafficking in cocaine. Vasquez's possession of the machine gun and other firearms led to the filing of an affidavit charging him with violating his probation. Vasquez was also charged by information with unlawful possession of a machine gun. § 790.221, Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...Capital Offense ____ It is further ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section
775.082(1), Florida Statutes. Short-Barreled Rifle, Shotgun, Machine Gun ____ It is further ordered that the 5-year minimum provisions of section
790.221(2), Florida Statutes, are hereby imposed for the sentence specified in this count....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...The confidential informant also said Joan Drowne stated that there were two (2) machine guns on the premises. It is illegal to possess machine guns under Federal Law and Florida Law. [2] Mere possession of a machine gun in Florida is a felony. See section 790.221, Florida Statutes (1981)....
CopyCited 7 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629
...Capital Offense ____ It is further ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section
775.082(1), Florida Statutes. (Offenses committed before October 1, 1995). Short-Barreled Rifle, Shotgun, Machine Gun ____ It is further ordered that the 5-year minimum provisions of section
790.221(2), Florida Statutes, are hereby imposed for the sentence specified in this count....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...after the effective date of the guidelines when the original probation order predated the guidelines. On August 17, 1982, defendant was found guilty by a jury of the unlawful possession on April 17, 1982, of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1981)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1996 WL 75635
...ed assault. After his first appearance hearing, he posted a $1500 surety bond and was released from custody. *1323 On September 4, 1990, the state filed an information charging the appellee with possession of a short-barreled shotgun in violation of section
790.221, Florida Statutes (1989), and on November 27, 1990, the state filed another information charging him with aggravated assault in violation of section
784.021, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...See Burks v. United States,
437 U.S. 1,
98 S.Ct. 2141,
57 L.Ed.2d 1 (1978). REVERSED and REMANDED. FRANK D. UPCHURCH and SHARP, JJ., concur. NOTES [1] Section
812.13(2)(c), Florida Statutes (1977). [2] Section
812.13(2)(a), Florida Statutes (1977). [3] Section
790.221, Florida Statutes (1977)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1999 WL 743519
...State,
658 So.2d 88, 91 (Fla.1995)(discussing the calculation of points for an out-of-state conviction). Third, defendant was convicted of possession of an unregistered short-barreled shotgun pursuant to 26 U.S.C. §§ 5845(a) and 5861. This federal crime is parallel to section
790.221, Florida Statutes (1993), which provides that it is unlawful to possess a short-barreled shotgun....
CopyCited 6 times | Published | District Court, N.D. Florida | 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003
...y 1, 2008, and that remain in effect after adoption of the statute at issue, may be roughly summarized as follows. First, there are some kinds of guns, including, for example, machine guns, that a person may not possess at all. See, e.g., Fla. Stat. § 790.221....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...under which plaintiff in error was convicted contains no exception or provision as to druggists, and therefore it was not necessary for the indictment to allege that the accused was not, at the time of the alleged sales, a druggist... Id. at 373. In Thompson, the court applied the same principle to section 790.221, Florida Statutes (1977), the statute proscribing possession of short barrelled rifles, short barrelled shotguns or machine guns, and held that the antique firearm exception in the statute was a matter of defense, rather than a necess...
...The statute, in pertinent part, provided: It is unlawful for any person to own or have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms. § 790.221(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...516,
4 So.2d 700 (1941). Likewise, the state may make it illegal to carry certain types of weapons such as concealed weapons, section
790.01, Florida Statutes *672 (1981), or those ordinarily used for criminal purposes such as machine guns and short barreled shotguns. §
790.221, Fla....
...NOTES [1] It arose out of the same circumstances as the aggravated assault charge. [2] Thompson, for instance, involved the issue of whether the state was required to prove that a short barreled shotgun, found in the defendant's possession, was not an antique weapon. Section 790.221, Florida Statutes, which proscribes possession of such firearms, includes a proviso that "this section shall not apply to antique firearms." The court held that this exception is a matter of defense rather than an essential element of proof....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...[5] Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing. VACATE SENTENCES; REMAND. COBB, C.J., and UPCHURCH, J., concur. NOTES [1] §
812.13(2)(a), Fla. Stat. (1983). [2] §
790.07(2), Fla. Stat. (1983). [3] §
790.221, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...White, Jr., Clearwater, for defendant. McNULTY, Judge. This certified question comes to us from the Sixth Judicial Circuit and concerns the constitutionality of the Florida statute making it unlawful to possess short-barreled rifles. [1] Florida statute § 790.221, F.S.A., reads, in pertinent part, as follows: "It is unlawful for any person to own or to have in his care, custody, possession or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable......
...As such, the particular constitutional question based thereon would itself be a hypothetical and should not be decided. [2] LILES, A.C.J., and MANN, J., concur. NOTES [1] An exception is made for these types of firearms, however, if they "... are lawfully owned and possessed under provisions of federal law... ." § 790.221(3)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The state challenges the trial court's order granting appellee's motion to dismiss one count of an information after the state failed to timely file its traverse. We reverse because the dismissal was too severe a sanction in this case. Terry Lee Burnison was charged with possession of a short-barreled shotgun, contrary to section
790.221, Florida Statutes (1981), and possession of drug paraphernalia, contrary to section
893.147, Florida Statutes (1981)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...any firearm muffler or firearm silencer; any destructive device; or any machine gun. Attempting to support the appealed order, the defendant contends that his incomplete gun does not fit within this statutory definition. The defendant also points to Section 790.221(1), Florida Statutes (1981), to support his argument that a weapon must be operable to charge an offense under Chapter 790. We need not address the argument concerning Section 790.221(1) because it obviously pertains to a different type of firearm short barrel rifles, short barrel shotguns, and machine guns....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Gen., Tallahassee, for appellee. ROBERT P. SMITH, Jr., Judge. Ziegler complains, among other things, that he cannot simultaneously be convicted and sentenced on a count charging his possession of a short-barreled shotgun which was or could readily be made operable, Section
790.221, Florida Statutes (1979), and on another count charging that he, a previously convicted felon, possessed a firearm, to-wit, a shotgun, Section
790.23, Florida Statutes (1979)....
CopyCited 3 times | Published | District Court, S.D. Florida | 1979 U.S. Dist. LEXIS 9686
...Yet another violation of federal law occurs when one carries a firearm unlawfully during the commission of a felony. 18 U.S.C. § 924(c)(2). Finally, it is illegal under Florida law for anyone to possess a machine gun except as permitted by federal law. Section 790.221(1) & (3), Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 4224287
...legislative intent" on the subject of sentencing for an aggravated fleeing and eluding charge. McKendry v. State,
641 So.2d 45, 47 (Fla.1994) (involving the conflict between a mandatory sentencing statute for possession of a short-barreled shotgun, section
790.221, Florida Statutes (1989), and the general sentencing statute found at section
948.01, Florida Statutes (1989))....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...n of which was not unlawful, but charged the appellant under count four with the unlawful possession of a short-barreled shotgun as to the other gun. We must decide whether this second gun was a "short-barreled shotgun" within the the prohibition of Section 790.221, Florida Statutes. The evidence at trial established that this particular shotgun had a barrel length of 16 1/2 inches and an overall length of 26 inches, and was in operating condition. Section 790.221(1), Florida Statutes provides that: "(1) It is unlawful for any person to own or have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made opera...
...s than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if any such weapon as modified has an overall length of less than 26 inches." Chapter 69-306 General Laws 1969, the genesis of Sections
790.221(1) and
790.001(10) is primarily concerned with the use of concealed weapons....
...nt from that portion which affirms the judgment of conviction of the charge contained in count four. Under the definition of the term "short-barreled shotgun" set forth in Section
790.001(10), Florida Statutes, two kinds of weapons are proscribed by Section
790.221(1), Florida Statutes, one a regularly manufactured shotgun having one or more barrels less than eighteen inches in length, and second, any weapon made from a shotgun by alteration, modification or otherwise, if such weapon as so modified has an overall length of less than twenty-six inches....
...st have an overall length of less than twenty-six inches. All of the evidence establishes that this gun had an overall length of from twenty-six and one-half to twenty-seven inches. Therefore, its possession is not made unlawful by the provisions of Section 790.221(1), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...District Court of Appeal of Florida, Fifth District. October 13, 1983. *1024 William C. Vose, Orlando, for appellant. No appearance for appellee. ORFINGER, Chief Judge. The issue on appeal is whether an operable short-barreled shotgun, the possession or ownership of which is a third-degree felony (section
790.221, Florida Statutes, [1981]), is "contraband" under section
932.701(2)(e), Florida Statutes (1981), so as to cause the forfeiture of the pick-up truck in which that short-barreled shotgun is transported, carried, concealed, possessed, etc....
CopyCited 2 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 22096, 2008 WL 746835
...reach, when the officers first entered the bedroom and spotted the shotgun in plain view. Officer Taylor testified it was apparent on sight that the firearm was a short barrel shotgun, the possession of which would violate state law. See Fla. Stat. § 790.221 (2007)....
...The inculpatory nature of the shotgun was readily apparent from the length of the barrel. See United States v. Santiago,
410 F.3d 193, 200-01 (5th Cir.2005). After securing Defendant, the officers measured the shotgun and verified the barrel to be less than sixteen (16) inches, as permitted by law. Fla. Stat. §§
790.221,
790.001; State v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 36288
...February 17, 1993. Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellant. Young T. Tindall, Fort Lauderdale, for appellee. PER CURIAM In this case involving a conviction for a violation of section
790.221, Florida Statutes (1991), we reverse the sentence of probation on the authority of State v. McKendry,
614 So.2d 1158 (Fla. 1993), which involved the identical issue presented here. We certify, however, the following question to the supreme court as of great public importance: DOES THE MANDATORY MINIMUM SENTENCE REQUIREMENT OF SECTION
790.221 PRECLUDE THE IMPOSITION OF COMMUNITY CONTROL UNDER SECTION
948.01, WHERE THE GUIDELINES SCORESHEET PERMITS ANY NON-STATE PRISON SANCTION? REVERSED AND REMANDED FOR RESENTENCING. WARNER, J., and DOWNEY, JAMES C., Senior Judge, concur. FARMER, J., concurs specially with opinion. FARMER, Judge, specially concurring. Defendant was charged with, and convicted of, violating section
790.221(1), Florida Statutes (1991)....
...es to impose an alternative to confinement in a prison. There are a number of statutory provisions in the Florida Criminal Code providing for what appear to be imperative minimum periods of incarceration, and not all of them are identically phrased. Section 790.221(2), for example, says simply that its term of imprisonment is a "mandatory minimum" period....
...1989). The legislature knows all of these provisions because it wrote them. When it intends to take back from judges the power to avoid mandatory minimum sentences, it knows how to say so, as evidenced by section
775.087(2)(a). It did not say so in section
790.221(2), and thus I conclude that Judge Moe had the power to do precisely what he did here. Unfortunately, we as a court have just decided this issue under identical facts in State v. McKendry,
614 So.2d 1158 (Fla. 4th DCA 1993), in which we held that section
948.01 has been limited in its effect on section
790.221(2) by reason of the adoption of the sentencing guidelines....
...dry, the guidelines provided for community control or 12 to 30 months incarceration. In this case, the guidelines provided for any nonstate prison sanction. Frankly, I disagree with our decision in McKendry. Even if the mandatory minimum sentence of section
790.221(2) takes precedence over the guidelines, I do not see how that leads to the conclusion that a mandatory minimum sentence takes precedence over section
948.01....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 36289
...Gen., West Palm Beach, for appellant. Ronald B. Smith of Waxler & Smith, Stuart, for appellee. ANSTEAD, Judge. In this appeal the state asserts error by the trial court in not imposing the five year minimum mandatory sentence for possession of a short-barreled shotgun as provided in section 790.221(2), Florida Statutes (1989). We agree and reverse. FACTS John McKendry was tried and convicted of possession of a short-barreled shotgun. The recommended guidelines sentence provided for community control or 12 to 30 months incarceration. However, section 790.221(2) prescribes a five year mandatory minimum term of imprisonment for possession of a short-barreled shotgun....
...sonment, and acting under section
948.01(3), sentenced McKendry to five years, but suspended the sentence with credit for time served, and ordered that McKendry be placed on community control for one year followed by three years probation. *1159 LAW Section
790.221(2), Florida Statutes (1989), as amended in 1989, prescribes the penalty upon conviction for possession of a short-barreled shotgun: A person who violates this section commits a felony of the second degree, punishable as provided in s....
...Of course, the Ross holding may be in some doubt given the supreme court's recent holding in Scates. The trial court in Ross apparently based its sentence on the fact that Ross was under the influence of drugs when he committed the criminal offense. THIS CASE McKendry relies primarily on a statutory comparison of section
790.221(2) to other penal statutes such as section
775.087(2)(a) which have mandatory minimum sentences and have explicit preclusive language barring any suspension of sentence. This preclusive language is lacking in section
790.221(2). In addition, section
775.087(2)(a) expressly refers to section
948.01 in barring any suspension of the mandatory sentence. There is no similar reference to section
948.01 in section
790.221(2). Of course, McKendry now also has the Scates decision on his side of the issue. However, unlike the statutes involved in Scates, the statutes here lack any specific relationship: section
790.221(2) is concerned specifically with the possession of a short-barreled rifle, shotgun or machine gun, while section
948.01 is concerned generally with leniency for deserving defendants in all cases....
...Unlike section 397.12, which specifically refers to chapter 893, there is no reference in section
948.01 to specific offenses or circumstances meriting special treatment. Section
948.01 was first enacted in 1941, well before the minimum mandatory provisions of section
790.221, and well before the sentencing guidelines were adopted as the general sentencing policy in Florida....
...thereof on a large number of persons across the state, we certify the following as a question of great public importance: DO THE PROVISIONS OF SECTION
948.01, FLORIDA STATUTES (1989), AUTHORIZE THE IMPOSITION OF A SENTENCE OTHER THAN AS PROVIDED IN SECTION
790.221(2), FLORIDA STATUTES (1989)? Accordingly, we reverse and remand for further proceedings consistent herewith....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 3192726, 2012 Fla. App. LEXIS 13202
...The court held that the 1989 amendment replaced the permissive sentencing to mandatory minimum sentencing. Id. at 47 . In reaching its holding, the court examined the legislature’s intent behind changing the language in the statute: Legislative intent is also made clear by the 1989 amendment to section 790.221(2). Prior to 1989, section 790.221(2) read as follows: “[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years.” Ch....
...The legislature specifically amended the statute to replace the permissive sentencing language limiting the maximum term of imprisonment to five years with mandatory sentencing language limiting the minimum term of imprisonment to five years. We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous expression of the legislature’s intent....
CopyCited 1 times | Published | Supreme Court of Florida
...s in accordance
with the provisions of section
775.082(1), Florida Statutes. (Offenses committed before
October 1, 1995.)
Short-Barreled Rifle, Shotgun, Machine Gun
It is further ordered that the 5–year minimum provisions of section
790.221(2), Florida
Statutes, are hereby imposed for the sentence specified in this count....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2387080
...ll not apply to those sentences. [3] We conclude, however, that the supreme court's opinion in McKendry v. State,
641 So.2d 45 (Fla.1994), prohibits such an interpretation. In McKendry, the supreme court addressed the interplay of section
948.01 and section
790.221(2), Florida Statutes (1989), which provided that a person convicted of possessing a short-barreled shotgun "shall be sentenced to a mandatory minimum term of 5 years." In determining that section
790.221(2)'s minimum mandatory term prevailed and could not be suspended in lieu of probation pursuant to section
948.01, the supreme court noted "accepted rules of statutory construction" that "a specific statute covering a particular subjec...
...and "when two statutes are in conflict, the later promulgated statute should prevail as the last expression of legislative intent." Id. at 46-47. [4] The court noted, "To arrive at any other conclusion would render the specific mandatory language of section 790.221(2) without meaning." Id....
CopyCited 1 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074
...Capital Offense ____ It is further ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section
775.082(1), Florida Statutes. Short-Barreled Rifle, Shotgun, Machine Gun ____ It is further ordered that the 5-year minimum provisions of section
790.221(2), Florida Statutes, are hereby imposed for the sentence specified in this count....
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448
or may readily be made, operable”) (quoting § 790.0221, Fla. Stat. (Supp. 1970)); Nelson, 195 So.2d
CopyPublished | Court of Appeals for the Eleventh Circuit
...The
district court granted a certificate of appealability (“COA”) on the issue of whether
Denson’s attorney rendered ineffective assistance at sentencing by failing to object
to treating Denson’s Florida conviction for possession of a short-barreled shotgun,
in violation of Florida Statute § 790.221(1), as a “crime of violence” for career
2
Case: 14-10211 Date Filed: 09/30/2015 Page: 3 of 10
offender guidelines calculations under U.S.S.G....
CopyPublished | Supreme Court of Florida
...6-
Comment
This instruction was adopted in 1981 and amended in 2018.
10.14 POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED
RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN]
§
790.221, Fla._Stat.
To prove the crime of (crime charged)Possession of a [Short-Barreled
Rifle] [Short-Barreled Shotgun] [Machine Gun], the State must prove the
following two elements beyond a reasonable doubt:
1....
...made, operable.
Antique Firearm Affirmative Defenses. Give if applicable.
If you find that the (firearm alleged) was lawfully owned and possessed
under provisions of the federal law, you shall find the defendant not guilty.
§ 790.221(1), Fla....
...apon as modified has an
overall length of less than 26 inches.
Lesser Included Offenses
POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED
RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN]
—
790.221
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comments
Pursuant to §
790.221(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 13081, 2015 WL 5125425
...(2013).
Generally, courts have held that “whether a proscribed weapon is an
antique is a matter of defense; the state is not required to prove the
negative as an element of the offense.” State v. Thompson,
390 So. 2d 715,
716 (Fla. 1980) (footnote omitted) (affirming conviction under section
790.221, Florida Statutes (1977), barring short-barreled rifles, short-
barreled shotguns, and machine guns); Holmes v....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17170
SHARP, Judge. Hunte appeals his conviction of possession of an illegal weapon (a short barrelled shotgun) contrary to section 790.221, Florida Statutes (1979)....
CopyPublished | Supreme Court of Florida
...6-
Comment
This instruction was adopted in 1981 and amended in 2018.
10.14 POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED
RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN]
§
790.221, Fla._Stat.
To prove the crime of (crime charged)Possession of a [Short-Barreled
Rifle] [Short-Barreled Shotgun] [Machine Gun], the State must prove the
following two elements beyond a reasonable doubt:
1....
...made, operable.
Antique Firearm Affirmative Defenses. Give if applicable.
If you find that the (firearm alleged) was lawfully owned and possessed
under provisions of the federal law, you shall find the defendant not guilty.
§ 790.221(1), Fla....
...weapon as modified has an
overall length of less than 26 inches.
Lesser Included Offenses
POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED
RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN]
—
790.221
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04(1) 5.1
Comments
Pursuant to §
790.221(3), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032
...accordance with the provisions of section
775.082(1), Florida Statutes. (Offenses
committed before October 1, 1995.)
Short-Barreled Rifle, Shotgun, Machine Gun
It is further ordered that the 5-year minimum provisions of section
790.221(2),
Florida Statutes, are hereby imposed for the sentence specified in this count.
(Offenses committed before January 1, 1994.)
Continuing Criminal Enterprise
It is further ordered that the 25-year mini...
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22520
ORFINGER, Chief Judge. The issue on appeal is whether an operable short-barreled shotgun, the possession or ownership of which is a third-degree felony (section
790.221, Florida Statutes, [1981]), is “contraband” under section
932.701(2)(e), Florida Statutes (1981), so as to cause the forfeiture of the pick-up truck in which that short-barreled shotgun is transported, carried, concealed, possessed, etc....
CopyPublished | Supreme Court of Florida | 2000 Fla. LEXIS 2556, 2000 WL 1637548
...Capital Offense *494 _It is further ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section
775.082(1), Florida Statutes. Short-Barreled Rifle, Shotgun, Machine Gun __ It is further ordered that the 5-year minimum provisions of section
790.221(2), Florida Statutes, are hereby imposed for the sentence specified in this count....
CopyPublished | District Court of Appeal of Florida | 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207
...t that firearm.
461 So.2d at 140 . In 1978 Ford F250 we concluded that the shotgun was contraband for forfeiture purposes under section
932.701, et seq., Florida Statutes, because mere ownership or possession of that type of weapon is a felony under section
790.221, Florida Statutes....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901
...Capital Offense __ It is further ordered that the defendant shall serve no less than 25 years in accordance with the provisions of section
775.082(1), Florida Statutes. Short-Barreled Rifle, Shotgun, Machine Gun __ It is further ordered that the 5-year minimum provisions of section
790.221(2), Florida Statutes, are hereby imposed for the sentence specified in this count....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7175
...Epps was tried before the court and found guilty of possession of a short-barreled shotgun. As so amended the judgment appealed from is affirmed. . The offense is a felony punishable by confinement in the state penitentiary not to exceed five years. § 790.221(1) and (2) Fla.Stat., F.S.A.
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 638, 1986 Fla. App. LEXIS 6756
...he Fifth District Court of Appeal in In Re: Forfeiture of One 1978 Ford F250 Custom Pickup Truck, VIN F26HNBF3710,
438 So.2d 1023 (Fla. 5th DCA 1983). In Re: Forfeiture of One 1978 Ford involved possession of a short-barreled shotgun in violation of Section
790.221, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15695
...C., Jr., appeals from an order adjudicating him to be a delinquent child and committing him to the Division of Youth Services. In the order of commitment, the trial court found appellant to be guilty of possessing a short-barreled rifle in violation of Florida Statute 790.221 and unlawfully operating a motor vehicle in violation of his restricted driver’s license....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 7999, 1995 WL 443961
PER CURIAM. The state appeals the sanction of community control followed by probation imposed on William Millet pursuant to his plea of nolo contendere to possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993). It contends the trial court erred in not imposing the five-year minimum mandatory term of imprisonment required by section 790.221(2)....
...In McKendry , the supreme court held that section
948.01, Florida Statues (1989), which grants trial courts the authority to suspend a sentence and impose community control, does not authorize trial courts to depart from the minimum mandatory sentence set forth in section
790.221(2), Florida Statutes (1989)....
...See State v. Preston,
622 So.2d 169 (Fla. 2d DCA 1993). Otherwise, the trial court must resentence him in accord with McKendry . Reversed and remanded with directions. CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.' . Although the legislature amended section
790.221(2) to remove the minimum mandatory term of imprisonment, that amendment is not applicable to Millet because he committed the offense in November 1993 and the amendment, which is prospective in application only, did not become effective until January 1, 1994....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17379
possession of a defendant on trial for violation of section
790.221(1), Florida Statutes, was not an antique firearm
CopyPublished | Supreme Court of Florida
...s in accordance
with the provisions of section
775.082(1), Florida Statutes. (Offenses committed before
October 1, 1995.)
Short-Barreled Rifle, Shotgun, Machine Gun
It is further ordered that the 5–year minimum provisions of section
790.221(2), Florida
Statutes, are hereby imposed for the sentence specified in this count....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7429, 1996 WL 390713
...We first consider whether the court erred by imposing a consecutive mandatory minimum sentence for possession of a short-barreled shotgun. In the instant ease, the applicable statutory prohibition against possession of a short-barreled shotgun prescribes a five-year mandatory minimum term. § 790.221, Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
second degree misdemeanor). Cf., s.
790.17. Section
790.221 makes it a felony for any person to own or
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677
ZEHMER, Judge. Jerry Sunday appeals his conviction of possessing a short-barreled shotgun in violation of section 790.221, Florida Statutes (1987), contending that the evidence was insufficient to establish a prima facie case....
...rry concealed weapons). The state is empowered to make illegal possessing or carrying certain types of weapons altogether, for example, firearms ordinarily used for criminal purposes such as the machine guns and short-barreled shotguns prohibited by section 790.221....
...or borne by the citizen.”
262 So.2d at 665 ); see also Robarge v. State,
432 So.2d 669 (Fla. 5th DCA 1983), aff’d
450 So.2d 855 (Fla.1984). Because section
790.25(3) indicates no legislative intent that its exceptions apply to the offense under section
790.221, we find no error in the ruling of the trial court....
CopyPublished | Supreme Court of Florida
...accordance with the provisions of section
775.082(1), Florida Statutes. (Offenses
committed before October 1, 1995.)
Short-Barreled Rifle, Shotgun, Machine Gun
. It is further ordered that the 5-year minimum provisions of section
790.221(2),
Florida Statutes, are hereby imposed for the sentence specified in this count.
(Offenses committed before January 1, 1994.)
Continuing Criminal Enterprise
....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15565
statutory penalty for that offense is five years. Section 790.-221(2), Fla.Stat. (1977). Thus, the maximum period
CopyPublished | Supreme Court of Florida
...accordance with the provisions of section
775.082(1), Florida Statutes. (Offenses
committed before October 1, 1995.)
Short-Barreled Rifle, Shotgun, Machine Gun
. It is further ordered that the 5-year minimum provisions of section
790.221(2),
Florida Statutes, are hereby imposed for the sentence specified in this count.
(Offenses committed before January 1, 1994.)
Continuing Criminal Enterprise
....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 16933, 2000 WL 1878941
PER CURIAM. Appellant Polee was tried, convicted, and sentenced for possession of a short barreled rifle, a second degree felony, in violation of section 790.221, Florida Statutes (Supp.1998)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16269
...Thompson contends that the trial judge should have granted a motion for acquittal because the state failed to prove that the shotgun was not an antique weapon. He argues that proof of the shotgun’s age is an element of the crime and not, as the state urges, a defense to the possession charge. Section 790.221(1), Florida Statutes (1977), provides as follows: It is unlawful for any person to own or to have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun or machine gun which is, or may readily be made operable; but this section shall not apply to antique firearms....
...ter of defense, to be shown by the defendant. In short, the holding of Buchman in no way contradicts that of Baeumel. The state attempts to buttress its argument regarding legislative intent by pointing out that the single sentence which constitutes Section 790.221(1) is separated by a semicolon between what the state terms the essential elements of the crime and the antique firearms exception....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 19171, 2011 WL 6003291
...Nevertheless, statutes may still be considered separate and distinct even when use of a firearm is a common element to both statutes. See Mosely v. State,
679 So.2d 287, 290 (Fla. 1st DCA 1996) (affirming consecutive mandatory minimum terms imposed for possession of a short-barreled shotgun (under §
790.221) and other offenses imposed for use of a firearm during the commission of those felonies (under §
775.087(2)))....
CopyPublished | Florida 3rd District Court of Appeal
...Attorney General, for appellee.
Before EMAS, LOBREE and BOKOR, JJ.
PER CURIAM.
Affirmed. See State v. Thompson,
390 So. 2d 715 (Fla. 1980) (holding
that the phrase “but this section shall not apply to antique firearms” contained
in section
790.221(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8420, 1993 WL 306715
...Accordingly, we reverse the sentence imposed for the misdemeanor and on remand, we direct the trial court to discharge appellant from the probationary portion of the misdemeanor sentence. AFFIRM in part; VACATE SENTENCE; REMAND. HARRIS, C.J., and DAUKSCH and W. SHARP, JJ., concur. . § 790.221, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4166, 1994 WL 148163
...er so that the written order will comply with the court’s oral pronouncement at the hearing. Specifically, at the sentencing hearing, the trial court stated that appellant would be sentenced to a five-year minimum mandatory prison term pursuant to § 790.221(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9447, 1996 WL 511753
...tence. Although we affirm the appellant’s conviction, we find that the trial court erred in imposing certain costs. Pursuant to a plea agreement, the appellant pled no contest to the charge of possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 3925, 1992 WL 64469
LEHAN, Judge. Defendant appeals his conviction for possession of a short-barreled shotgun. He contends the evidence did not establish the statutory requisite that the weapon was operable or could readily be made operable. We disagree and affirm. Section 790.221(1), Florida Statutes (1989), provides, “It is unlawful for any person to own or to have in his care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made,...
