The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 . . . 893.13 25.7 Controlled Substance, if a controlled substance is the contraband alleged Possession of a 790.23 . . .
. . . alleging that N.G.S. committed two delinquent acts: (1) delinquent in possession of a firearm, see § 790.23 . . . See § 790.23(1)(b). The court overruled the objection and admitted N.G.S.' . . . Both offenses of which N.G.S. was found delinquent were based on section 790.23(1)(b), which provides . . . And if everyone in the car was a delinquent described by section 790.23(1)(b), then it is equally logical . . . Here, however, the only occupant of the car the State showed to have been covered by section 790.23(1 . . .
. . . weapons in its prohibition of what probationers and offenders on community control may possess, section 790.23 . . .
. . . Jerry Parker appealed the denial of his dispositive motion to dismiss, where he alleged that section 790.23 . . . The State charged Parker with possession of ammunition by a convicted felon in violation of section 790.23 . . . Parker moved to dismiss the information, arguing that the legislature, by implementing section 790.23 . . . Section 790.23, Florida Statutes (2017), provides, in pertinent part: (1) It is unlawful for any person . . . As Parker was not granted authority to possess a firearm, section 790.23 also prohibited him from possessing . . .
. . . A CONCEALED WEAPON OR POSSESSING [A FIREARM ] / [ AMMUNITION ] / [AN ELECTRIC WEAPON OR DEVICE ] § 790.23 . . . Offenses FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE - 790.23 . . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT § 790.23 . . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT - 790.23 . . .
. . . Section 790.23(1), Florida Statutes, makes it unlawful for a convicted felon "to have in his or her care . . . with "possession of a concealed weapon by a convicted felon ... contrary to the provisions of Section 790.23 . . .
. . . a crime for a minor to possess a firearm except under certain enumerated circumstances and section 790.23 . . .
. . . the Fourth Judicial Circuit of Florida, on December 11, 2003, contrary to the provisions of Sections 790.23 . . . their "care, custody, possession, or control any firearm, ammunition," and other weapons or devices. § 790.23 . . . Mulus , 970 So.2d 349, 350 (Fla. 3d DCA 2007) (noting courts interpret section 790.23 as meaning possession . . . the charging paragraph stated that Appellant's actions were "contrary to the provisions of Sections 790.23 . . . captioned as "Possession of a Firearm by a Convicted Felon," and the body of the charge cited section 790.23 . . .
. . . . § 790.23, Fla. Stat. (2016). . . .
. . . 810.02, 775.087; and possession of a firearm by a convicted felon, in violation of Florida Statutes §§ 790.23 . . .
. . . . § 790.23(1) (prohibiting any person convicted of a felony to “own or to have in his or her care, custody . . .
. . . Section 790.23(1), Florida Statutes (2014), makes it a second-degree felony for a convicted felon to . . . explaining that state must prove either constructive or actual possession to establish violation of section 790.23 . . . Specifically, under section- 790.23, “actual possession” requires only that the firearm is “so close . . . “possession” is defined differently in the jury instructions for violations of sections 775.087 and 790.23 . . . , the jury did not necessarily determine the issue of possession under section 790.23 in Joy’s favor. . . .
. . . Trap-pen violated section 790.23(1), Florida Statutes (2014), which makes it unlawful for a felon “to . . . Trappen with violating section 790.23(1). . . . felony for obtaining property in exchange for a worthless check for more than $150, violated section 790.23 . . . Trappen constructively possessed a firearm in violation of section 790.23(1). See Bundrage v. . . . Trap-pen violated section 790.23(1). They do. . . .
. . . firearm by a convicted felon and possession of ammunition by a convicted felon pursuant to section 790.23 . . .
. . . Statutes (2009); and one count of possession of a firearm by a convicted felon, in violation of section 790.23 . . .
. . . second-degree murder and possession of a firearm by a felon pursuant to sections 784.045, 782.04 and 790.23 . . . , to-wit: .357 Llama Comanche Stoger Industries Revolver Serial Number S830231, contrary to Section 790.23 . . .
. . . State, 195 So.2d 853 (1967) we held constitutional Section 790.23, Florida Statutes, F.S.A., which makes . . .
. . . . § 790.23 (felon in possession of a firearm), a guilty plea without adjudication did not constitute . . .
. . . proof of an underlying crime, compare section 943.0435(l)(a)l.a., Florida Statutes (2016) with section 790.23 . . .
. . . The issue raised in this case is whether the “felon-in-possession” statute, section 790.23, which prohibits . . . State, 146 So.3d 81 (Fla. 1st DCA 2014), held section 790.23, Florida Statutes (2012), unconstitutionally . . . 225, 229 (Fla. 5th DCA 2005), review denied, 912 So.2d 1217 (Fla.2005), which concluded that section 790.23 . . . Weeks appealed his felon-in-possession conviction, claiming that section 790.23 is unconstitutionally . . . The First District held that section 790.23 “is unconstitutional with respect to the possession of a . . . relevant to the determination of whether a given firearm is an antique firearm as defined by sections 790.23 . . . Thus, even absent a legislative definition of “replica” in section 790.23, plain language and common . . . 1054 (Fla.1986), that the “literal requirement” of “the antique ‘or replica’ exceptions” to section 790.23 . . .
. . . See § 790.23(l)(a), (3), Fla. . . .
. . . . § 790.23(1). . . . We revisit this appeal with the benefit of that court’s clear response: “[F]or purposes of section 790.23 . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . . Stat. § 790.23(1). . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . .
. . . Rodriguez-Aguilar, charging felon in possession of a firearm as count I, see § 790.23(1), Fla. . . .
. . . Section 790.23(l)(a), Florida Statutes (2014), makes it unlawful for any person convicted of a felony . . .
. . . . § 790.23(1). . . . Section 790.23(1)(a), Florida Statutes (2008), in pertinent part, makes it a criminal offense for a person . . . we explain, we answer the certified question in the negative and hold that for purposes of section 790.23 . . . of adjudication as to the felony offense committed by him, constitutes a “conviction” under section 790.23 . . . Ann. § 790.23.” United States v. Chubbuck, 252 F.3d 1300, 1304 (11th Cir.2001). . . .
. . . conduct amounted to a concealed carry of the knife found in his pocket or that he had violated section 790.23 . . . in his pants pocket in the immediate vicinity of his residence was arguably a violation of section 790.23 . . . McCarron — a convicted felon — of the knife, in his pants pocket constituted a violation of section 790.23 . . . McCarron had violated section 790.23(1)(a). . . . . McCarron’s possession of the knife in his pants pocket was a violation of section 790.23(l)(a). .' . . .
. . . of delinquency based on two offenses: delinquent in possession of a firearm in violation of section 790.23 . . .
. . . See §§ 790.23(1), 893.149(1), Fla. Stat. (2012); see also Sundin v. . . .
. . . Appellant was charged with violating section 790.23, Florida Statutes (2013), because he “did unlawfully . . . Section 790.23, Florida Statutes (2013), makes it illegal for a convicted felon to possess “any firearm . . .
. . . Joel Rodriguez appeals his conviction and sentence for violating section 790.23(1), Florida Statutes . . . Section 790.23(1) encompasses two separate crimes. James, 16 So.3d at 326. . . . a convicted felon," but the allegations of the information properly tracked the language of section 790.23 . . .
. . . Possession of a firearm by a convicted felon is a crime governed by Section 790.23, Florida Statutes. . . . Any person who violates Section 790.23, Florida Statutes, “commits a felony of the second degree.” § . . . 790.23(3), Fla. . . .
. . . . §§ 790.23 and 775.087(2)(a)(l) (Count V); and (4) possession of ammunition by a convicted felon, in . . . violation of § 790.23(1) and (2) (Count VI). . . .
. . . for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23 . . .
. . . Greenlee was convicted of four counts of possession of “any firearm” by a convicted felon under section 790.23 . . .
. . . . § 790.23.”). The Florida Supreme Court has not squarely addressed this issue. . . . Stat. § 790.23(1). . . .
. . . State, 122 So.3d 958, 958 (Fla. 2d DCA 2013), for example, the court construed section 790.23(1), Florida . . .
. . . . § 790.23(1). . . .
. . . the safe handling of a weapon or firearm; (d) Is not ineligible to possess a firearm pursuant to s. 790.23 . . .
. . . Both offenses violate section 790.23(1), Florida Statutes (2009). . Mr. . . .
. . . 25.7 Substance, if a controlled substance is the contraband alleged _ Possession of a Firearm or a 790.23 . . .
. . . On appeal Harrell challenges (1) the constitutionality of sections 790.23 and 790.01(2), Florida Statutes . . . Challenge Harrell argues that he is entitled to have his firearm convictions vacated bé-cause sections 790.23 . . . In conclusion, we reject Harrell’s challenges to the constitutionality of sections 790.23 and 790.01( . . .
. . . Kraay was charged with possession of a firearm by a convicted felon in violation of section 790.23(1) . . . was correct because, contrary to the argument in the motion to dismiss, Weeks did not hold section 790.23 . . . Weekly D1798, D1800 (Fla. 1st DCA Aug. 26, 2014) (revised opinion) ("In sum, we hold section 790.23 is . . . replica of an antique firearm, the issue does not result in the facial unconstitutionality of section 790.23 . . .
. . . See § 790.23, Fla. Stat. (2011). . . .
. . . Douglas Weeks was convicted of possession of a firearm by a convicted felon, a violation of section 790.23 . . . He challenges his conviction arguing section 790.23 is unconstitutionally vague. . . . Because we conclude that section 790.23 is unconstitutional with respect to the possession of a replica . . . for several offenses, including possession of a firearm by a convicted felon, a violation of section 790.23 . . . Significantly, section 790.23 does not define the term “replica.” . . .
. . . See § 790.23(1), Fla. Stat. (2009). . . . That decision, which is still pending in the First District, held that “section 790.23 is unconstitutionally . . . incorporated into the definition of “firearm” and, thus, into this substantive offense, rendered section 790.23 . . . replica of an antique firearm, the issue does not result in the facial unconstitutionality of section 790.23 . . . Even if we can review the constitutionality of section 790.23(1) at this late stage of the proceedings . . .
. . . (2007)), and one count of felon in possession of firearm or ammunition (constructive possession) (§ 790.23 . . .
. . . See §§ 893.13(6)(a), 790.23(1), (3), Fla. Stat. (2011). His plea agreement required Mr. . . .
. . . When Mike Musallam pleaded no contest to charges of felon in possession of a firearm, § 790.23(a), Fla . . .
. . . . § 790.23(l)(a), Fla. Stat. (2012). . . .
. . . 10.15 FELONS CARRYING A CONCEALED WEAPON OR POSSESSING FIREARM/AMMUNITION/ELECTRIC WEAPON OR DEVICE § 790.23 . . .
. . . Both of Bell’s convictions are for violations of section 790.23(1), Florida Statutes (2011), which provides . . . in possession of a firearm and a separate count of felon in possession of ammunition under section 790.23 . . . applicable statute prohibits Bell’s possession of “any firearm, ammunition, or electric weapon or device.” § 790.23 . . .
. . . control or possession a firearm, after previously being convicted of a felony in violation of section 790.23 . . .
. . . of the lesser included offense of possession of a firearm by a convicted felon, contrary to section 790.23 . . .
. . . . § 790.23.” Id. . . .
. . . offense of possession of a firearm by a convicted felon, a second degree felony, in violation of section 790.23 . . .
. . . Section 790.23(l)(a), Florida Statutes (2010). . . .
. . . . § 790.23(l)(a); see Hines v. State, 983 So.2d 721, 724 (Fla.Dist.Ct. App.2008). . . .
. . . a)2, Florida Statutes (2010); possession of a firearm by a convicted felon in violation of sections 790.23 . . .
. . . Snyder, 673 So.2d 9, 10 (Fla.1996) (“[A]n individual is ‘convicted’ for purposes of section 790.23 [, . . .
. . . Appellant was convicted and sentenced under section 790.23, Florida Statutes, for possession of a firearm . . .
. . . OF 24 WHO HAS BEEN FOUND DELINQUENT OF AN OFFENSE WHICH WOULD BE A FELONY IF COMMITTED BY AN ADULT § 790.23 . . .
. . . . § 790.23(l)(a), Fla. Stat (2009). . § 790.01(2), Fla. Stat. (2009). . . . .
. . . concluding that his prior conviction for possession of a firearm by a felon under Florida Statutes § 790.23 . . . Sanchez’s argument is based not on the text of Florida Statutes § 790.23 but rather on the definition . . . According to Sanchez, when read in conjunction with § 790.23, this definition of “firearm” establishes . . . Sanchez maintains that Florida Statutes § 790.23 includes an offense not described in 18 U.S.C. § 922 . . . Section 790.23 itself does not identify possession of an antique firearm by a felon as an offense. . . .
. . . Id. at 818 (interpreting section 790.23, Florida Statutes (2005)). . . .
. . . Roberts was originally convicted of possession of a firearm by a delinquent in violation of section 790.23 . . .
. . . Stat. (2009). . 790.23, Fla. Stat. (2009). . . . .
. . . See §§ 775.082(3)(c), 790.23(3), Fla. Stat. (2008). Although Mr. . . .
. . . Section 790.23(l)(a), Florida Statutes, the statute alleged to have been violated, provides in part that . . . State, 17 So.3d 812, 814-18 (Fla. 4th DCA 2009) (noting that “ammunition” is listed in section 790.23 . . .
. . . Challenging his conviction under section 790.23(l)(a), Florida Statutes, for possession of a firearm . . . undermine the Florida rulings in cases such as Nelson, with regard to the constitutionality of section 790.23 . . . The appellant’s conviction under section 790.23(l)(a) is therefore AFFIRMED. . . .
. . . See § 790.23 Fla. Stat. (2009). . See § 790.01(2) Fla. Stat. (2009). . . . .
. . . . §§ 790.23 and 775.087(2) (Count 2); and possession of less than 20 grams of marijuana, in violation . . . Stat. § 790.23 (defining crime of possession of a firearm by a convicted felon). . . .
. . . language used in the information and in the jury instructions intermingled the elements of section 790.23 . . . Section 790.23 provides: (1) It is unlawful for any person to own or to have in his or her care, custody . . . Williams correctly argues that section 790.23(1) contains two subparts. . . .
. . . ) (holding that the offense of carrying a concealed firearm by a convicted felon set out in section 790.23 . . .
. . . . § 790.23(1),(3), Fla. Stat. (2005). . . .
. . . See §§ 775.082(3)(b), (3)(c), (4)(a); 790.23(l)(a), (3); 893.13(l)(a)(l), (7)(a)(5); 893.135(l)(b)(l) . . .
. . . his judgment and sentence for possession of a firearm by a convicted felon, in violation of section 790.23 . . . See § 790.23(l)(a); see also State v. Davis, 203 So.2d 160, 162 (Fla.1967). . . . that the State must prove either constructive or actual possession to establish violation of section 790.23 . . .
. . . See § 790.23(l)(d), Fla. Stat. (1995). . . .
. . . . § 790.23(l)(c). . . .
. . . He was convicted of two counts of violating section 790.23, Florida Statutes (2008) — one for possession . . . Section 790.23 provides in relevant part: (1) It is unlawful for any person to own or to have in his . . . the First and Second District Courts of Appeal have found that the use of the term “any” in section 790.23 . . . It is the State’s contention that the term “any” in section 790.23 should be interpreted to apply separately . . .
. . . . §§ 790.23(1), 790.07(2). . . .
. . . (Count II); and possession of a firearm or ammunition by a convicted felon, in violation of section 790.23 . . .
. . . Section 790.23, Florida Statutes (2008). . Section 790.01(2), Florida Statutes (2008). . . .
. . . that would be a felony if committed by an adult of this court of this state ... in violation of s. 790.23 . . . Williams’ general plea of guilty was for possession of a firearm by a convicted felon under section 790.23 . . . (l)(a) or by a delinquent under section 790.23(1)(b) due to the absence of a second parenthetical in . . . Section 790.23(1) of the Florida Statutes reads in relevant part: 790.23. . . .
. . . . § 790.23. . . .
. . . convicted felon, was charged with carrying a concealed weapon — a folding knife — in violation of section 790.23 . . .
. . . See §§ 775.084(4)(a); 784.021(2); 790.23(3), Fla. Stat. (2005). . . .
. . . unlawful possession of a firearm by a person previously convicted of a felony, in violation of section 790.23 . . . In order to prove that he violated section 790.23(l)(a), Florida Statutes (2007), the state had the burden . . .
. . . Section 790.23(1), Florida Statutes (2007), encompasses two separate crimes. . . . The Standard Jury Instruction for crimes under section 790.23(1), Florida Statutes (2007), directs a . . . Standard Jury Instruction 10.15 labels all crimes under section 790.23, Florida Statutes, as “Felon in . . . label is not consistent with the definitions of the crimes that the legislature has set out in section 790.23 . . .
. . . .2d 1221 (Fla. 1st DCA 1998), the First District applied the Grappins/Watts “a/any test” to section 790.23 . . .
. . . . § 790.23(1) and (2), Fla. Stat. (2008). . . .
. . . Petitioner was arrested for an alleged violation of section 790.23(l)(b), Florida Statutes, which prohibits . . . A violation of section 790.23(l)(b) is a second-degree felony, and unless otherwise specified, the RAI . . . The fact that petitioner violated section 790.23(l)(b) by possessing a firearm had already been accounted . . .
. . . . § 790.23, Fla. Stat. (2007). . § 893.13(6)00, Fla. Stat. (2007). . . .
. . . State charged the defendant with possession of ammunition by a convicted felon, pursuant to section 790.23 . . .
. . . See § 790.23, Fla. Stat. (2004). We find merit in one of Mr. . . .
. . . .; 790.23, 775.087(2)(a)1.; 893.03(1)(c)7„ 893.13(1)(f)2.; 893.13(6)(a), 893.03(2)(b)14.; 893.13(6)(a . . .
. . . Hunt with possession of a firearm by a convicted felon, section 790.23, Florida Statutes (2007). . . .
. . . . § 790.23, prohibiting Florida felons from possessing a firearm. . . .
. . . The State charged defendant, a convicted felon, with violating sections 790.23(1), Fla. . . .
. . . Section 790.23(l)(b), Florida Statutes (2007), makes it unlawful for a person to own or have in his or . . .