Florida/Georgia Personal Injury & Workers Compensation

...ased on his possession of two prison-made knives discovered in his cell at the same time. Watts, 462 So.2d at 814. The contraband statute in Watts prohibited possession by an inmate of "[a]ny firearm or weapon of any kind." 462 So.2d at 814 (quoting section 944.47, Florida Statutes (1981))....

...The Watts opinion simply extrapolates the a/any distinction specifically derived from section 812.041(2)(b) to a wholly unrelated statute. The prison contraband statute contained no variant uses of "a" or "any" before the prohibited items of property. Section 944.47 consistently used "any" before each item listed. So, unlike section 812.041(2)(b), within section 944.47 itself there was no clear expression of legislative intent as to the unit of prosecution....

...Unlike the Grappin decision, the Watts opinion does not discuss either the overall statutory scheme relative to contraband, the public policy behind the statute, or how other courts have interpreted similar statutes. Therefore, when the Watts opinion stated that it was "applying the rationale of Grappin to" section 944.47, it actually was only applying a portion of the Grappin rationale....

...[2] Bautista also fled the scene of the accident without rendering aid to the passengers or providing information to the responding police officers. Both counts of DUI manslaughter were charged as first-degree felony DUI manslaughter under section 316.193(3)(c)(3)(b), Florida Statutes (2002). [3] 944.47 Introduction, removal, or possession of certain articles unlawful; penalty.— (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds o...

...In Watts, the defendant was charged with two counts of possessing two prison-made knives at the same time. The statute made it unlawful for any person to "introduce" or "possess" while upon the grounds of any state correctional institution "any firearm or weapon of any kind." Watts, 462 So.2d at 814 (quoting § 944.47, Fla....

...[3] The State argues we should not address the issues raised by the certified questions because Scott did not submit a proposed instruction. This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical....

...2920, 53 L.Ed.2d 1060 (1977); United States v. Kinsley, 518 F.2d 665 (8th Cir.1975). Applying the rationale of Grappin to the instant case, it is apparent that Watt can only be charged with one count of possession of contraband. Watt has prosecuted under section 944.47, Florida Statutes (1981), which provides in relevant part: (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state...

...BOYD, C.J., and OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. ADKINS, J., concurs with an opinion. ADKINS, Justice, concurring. The Court correctly holds that Watts is not subject to separate prosecution (and punishment) for the unlawful possession of two prisonmade knives under section 944.47(1)(c), Florida Statutes....

...Upon his return to the center, the officer searched Wilcott and found the cannabis in his underwear. The state subsequently charged Wilcott by information with unlawfully introducing or possessing contraband upon the grounds of a state correctional institution in violation of subsections 944.47(1)(a) and (c), Florida Statutes (1983)....

...ion of the same marijuana into a county detention facility. See Tessier v. State, 462 So.2d 123 (Fla. 2d DCA 1985); Dees v. State, 397 So.2d 1145 (Fla. 2d DCA 1981). The district court rejected this argument, however, ruling that sections 893.13 and 944.47 described separate and distinct offenses. The district court affirmed the conviction. Section 944.47, Florida Statutes (1983), provides in pertinent part: (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state corr...

...Jury Instr. (Crim.) Notes (2d ed.)). Thus, we must examine the particular circumstances in the case at bar to determine whether the lesser included offense Wilcott argues should have been instructed upon was actually a permissive lesser included offense. Section 944.47, Florida Statutes (1983), prohibits both the introduction and possession of contraband upon the grounds of a state correctional facility....

...State, 276 So.2d 191 (Fla. 4th DCA 1973) (possession or control means ... actual physical possession with knowledge of the same). [9] See, e.g., Williams v. State, 413 So.2d 1263 (Fla. 1st DCA 1982) (crime of introduction of contraband into a state correctional facility (§ 944.47) requires knowledge); State v....

...ssault. Appellant was also convicted of possession of a weapon by a State prisoner and battery of a correctional officer. Sentence was withheld on the assault and possession convictions, and appellant was sentenced to one year on the battery charge. Section 944.47(1)(c), Florida Statutes (1981), states: It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. One of the things declared to be contraband by Section 944.47 is a "weapon of any kind... ." Section 944.47(1)(a)5. Appellant argues that one of the elements of section 944.47(1)(c), which must be proven by the State, is that the contraband was not authorized by the officer in charge of the institution....

...n the exception; but, if there be an exception in a subsequent clause, 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....

...State, 432 So.2d 669 (Fla. 5th DCA 1983), relied upon by appellant, the statute there construed clearly contains the exception within the enacting clause and is, therefore, distinguishable from the statute sub judice. Because there is no indication in section 944.47(1)(c) that the Legislature intended lack of the exception to be an element of the offense, we hold that authorization by the officer in charge of the correctional institution is an affirmative defense to a charge under section 944.47(1)(c)....

...a weapon since the jury convicted him of simple assault rather than aggravated assault. Therefore, we hold that under the facts and circumstances of the instant case the State failed to prove that the screwdriver was a weapon, i.e., contraband under section 944.47....

...roven, to have introduced or possessed contraband (cannabis) upon the grounds of the Tomoka Correctional Institution. There is absolutely no evidence that Tomoka Correctional Institution was not a state correctional institution within the meaning of section 944.47, Florida Statutes, or that at the time and place alleged, the defendant possessed or introduced the cannabis at some place other than a correctional institution....

...ctions and punishments for possession of two prison-made knives where the statute under which he was prosecuted made it unlawful "to introduce into or upon the grounds of any state correctional institution ... any firearm or weapon of any kind... ." § 944.47, Fla....

...(emphasis added.) Appellant bases his argument principally upon State v. Watts, 462 So.2d 813 (Fla.1985), which he contends controls the outcome here. In Watts, the defendant had been convicted of two counts of possession of contraband in a correctional facility in violation of section 944.47, Florida Statutes (1981), based upon his possession of two prison-made knives. Relying upon the analysis in its earlier decision of Grappin v. State, 450 So.2d 480 (Fla. 1984), the court concluded that, given the language of section 944.47, only one conviction was permissible: In Grappin, we held that the unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment under the theft statute as to each firearm taken....

...2920, 53 L.Ed.2d 1060 (1977); United States v. Kinsley, 518 F.2d 665 (8th Cir.1975). *1223 Applying the rationale of Grappin to the instant case, it is apparent that Watt [sic] can only be charged with one count of possession of contraband. Watt [sic][w]as prosecuted under section 944.47, Florida Statutes (1981), which provides in relevant part: (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state...

...an one conviction for possession of a firearm by a convicted felon when multiple firearms are possessed at the same time. We are unable to distinguish the language prohibiting possession of "any firearm or weapon" in a correctional facility found in section 944.47, Florida Statutes, which the court in Watts held precluded multiple prosecutions and convictions, from that found in section 790.23 prohibiting possession of "any firearm" by a convicted felon....

...Jones, 280 So.2d 431 (Fla.1973); Shands Teaching Hospital & Clinics, Inc. v. Smith, 480 So.2d 1366 (Fla. 1st DCA 1985), approved, 497 So.2d 644 (Fla.1986). We find no such authority in section 775.021(4)(b). Because we are unable to distinguish the relevant language of section 790.23 from that of section 944.47 addressed in Watts, we hold that the prohibition against double jeopardy precludes more than one conviction for the possession at the *1225 same time of multiple firearms by a convicted felon....

...nt charge for the same offense. [2] London took contraband into a prison and was charged with possession of the contraband under one statute, § 893.13, Fla. Stat. (1975), and with its introduction into a correctional facility under another statute, § 944.47, Fla....

...arm, and with the holding in Watts v. State, 440 So.2d 505 (Fla.1st DCA 1983). There the court held that it was improper to convict a prison inmate of two counts of introducing into, or possessing a contraband weapon in, the prision, in violation of section 944.47(1)(a), Florida Statutes (1981), for having had, at the same time and place, two prison-made knives....

...Donohoe, Jr., Gainesville, for appellant. Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee. On Rehearing and Rehearing En Banc November 9, 1984. ERVIN, Chief Judge. Mungin appeals his conviction of inmate possession of a weapon in violation of Section 944.47(1)(c), Florida Statutes, [1] following a jury trial at which the trial court excluded from admission into evidence proffered defense testimony relating to the defenses of self-defense, necessity and duress....

...Had the facts in the case at bar demonstrated that Mungin had sufficient time to reflect on the consequences of possession, so that he caused to have manufactured or imported into the prison system the knife in question, we consider that the Carter interpretation of section 944.47(1)(c) would be fully applicable in the instant case....

...The possession of the weapon under such circumstances would be clearly at variance with the legislative purpose expressed in the statute to bar the introduction of deadly weapons into the grounds of the state penal institutions. We do not consider, however, that section 944.47(1)(c) dispossesses an inmate's right to defend himself against the peril of death or serious bodily injury, even to the extent of removing the offending weapon from the hands of the would-be aggressor....

...We agree that our former opinion requires clarification. Omitted from it was the fact that Williams himself was the victim of three stab wounds by appellant during the altercation. Appellant, however, as previously stated, was only tried on a charge of inmate possession of a weapon, as proscribed by Section 944.47(1)(c), Florida Statutes....

...he temporary possession of a weapon even when used to defend an inmate against the imminent peril of death or serious bodily injury. To the extent that the Carter and Dardy opinions so hold, we recede from them, adhering to our original opinion that section 944.47(1) does not bar the temporary possession of a weapon taken from the possession of a would-be aggressor when it is used to defend the attacked inmate against the imminent peril of death or serious bodily injury....

...State, 428 So.2d 322 (Fla. 1st DCA 1983). I, therefore, agree with the trial judge that what had transpired prior thereto was irrelevant. Even if I were to agree with the majority that we should recede from Carter, I would not do so in this case. NOTES [1] Section 944.47(1)(a)5 and (c), Fla....

...Gen., Tallahassee, for appellee. ROBERT P. SMITH, Jr., Judge. Watts, a Union Correctional Institution inmate, was charged and tried on two counts of introducing into, or possessing, or attempting to take from the institution a contraband weapon, sec. 944.47(1)(a), (c), Fla....

...State, 405 So.2d 1015 (Fla. 1st DCA 1981), and Getz v. State, 428 So.2d 254 (Fla. 1st DCA 1982). But the convictions here, for Watts' simultaneous possession [3] of two prisonmade knives, are *507 unambiguously founded upon the same criminal statute, section 944.47(1)(c). For two reasons, therefore, section 775.021(4) cannot control whether Watts' conduct should be considered twice a violation of section 944.47(1)(c): first, because section 775.021(4) does not come into play unless judgments are properly entered "for violation of two or more criminal statutes"; and second, because section 775.021(4) does not say, except by excluding sentences...

...not be, as violating the same statute twice. The question here, similar to that in Hearn v. State, 55 So.2d 559 (Fla. 1951), and identical to that in State v. Grappin, 427 So.2d 760, 761, n. 3 (Fla. 2d DCA 1982), is whether the substantive statute, section 944.47(1)(c), must be interpreted as making Watts' simultaneous possession of two contraband knives two units of prosecution [5] despite the absence of time or space differences in his possession, or in its proof, that in common understanding would distinguish his possession of one knife from his possession of the other....

....012(9)(c), .014(2) (theft); or according to the weight of the contraband substance, §§ 893.13,.135 (possession of or trafficking in controlled substances). The legislature enacted no similar quantity-conscious element in the conduct proscribed by section 944.47(1)(c), but simply made it "unlawful for any inmate ......

...found that stealing five firearms simultaneously was stealing "a firearm" five times, producing five units of prosecution. Grappin 's analysis presumably would produce but one unit of prosecution for Watts' simultaneous possession of two knives, for section 944.47, Fla....

...rms that multiple units of prosecution in a single theft are intended by describing "a firearm" in 812.014(2)(b), how shall we account for that attributed importance in the single unit of prosecution yielded by "any firearm or weapon of any kind" in 944.47? Is it to be supposed that, through this choice of "any" over "a," the legislature expressed less concern over the possession of multiple unauthorized firearms in a prison than over the theft of multiple firearms in society at large? "Any" has...

...weapon [or weapons]." Alternatively, some further distinction might be expressed if the intent is not that a prisoner's possession of a hundred knives in a mattress at one time and place should be equated precisely with the possession of one such weapon, so far as concerns the number of offenses chargeable. NOTES [1] § 944.47, Fla....

...Jim Smith, Atty. Gen., and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee. ADKINS, Justice. On February 20, 1979, appellant entered a plea of nolo contendere to charges of introducing contraband into a correctional or penal institution in violation of section 944.47, Florida Statutes (Supp....

...ontraband into a prison, but the trial court considered the act as a single transaction so did not impose a sentence on the possession charge. Appellant reserved the right to appeal denial of the motion to dismiss, attacking the constitutionality of section 944.47, and the motion to suppress evidence of illegally-seized contraband....

...Appellant said they were for his own use, removed the sock, and handed the sock and cigarettes to Sergeant Crews. Major Dobson was notified, and he fired the appellant. Two days later the appellant was arrested. Appellant argues that the trial court should have dismissed this case because section 944.47 is unconstitutionally vague and overbroad, and that it unlawfully delegates authority to the prison administration. Appellant also maintains that it was error to deny the motion to suppress when appellee had not presented testimony to establish the reasonableness of the warrantless search. Section 944.47, Florida Statutes, is not overbroad as applied to appellant, so he cannot challenge it on those grounds....

...Appellant has not presented an example of selective enforcement which he claims results from overbreadth. He does not show that he alone was arrested while other people who brought marijuana into the prison were not arrested. For these reasons, appellant does not have standing to challenge section 944.47 as overbroad. Section 944.47 is not an unreasonable or unlawful delegation of legislative power to the executive branch....

...We affirm the trial court's disposition of the first two grounds without discussion. We reverse on the third ground, based on Lee's sworn assertion that his prior record fails to support his sentence as a habitual offender. Lee was serving a life sentence when he was charged, pursuant to section 944.47, Florida Statutes (1993), with introduction of contraband in prison....

...s of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. Id. at 814 (quoting § 944.47, Fla....

...The First District held that Watts could be convicted of only one charge, see Watts v. State, 440 So.2d 505 (Fla. 1st DCA 1983), and the State appealed. Applying the “a/any test” from Grap-pin, the supreme court looked at the applicable statutory language and concluded that the use of the term “any” in section 944.47 rendered the unit of prosecution ambiguous....

...erred in denying her motion to suppress contraband seized from her while a visitor at the state prison Lake Butler Reception and Medical Center and on the basis that the trial court erred in denying her motion to dismiss the charge that she violated section 944.47, Florida Statutes (Supp. 1978), by introducing contraband into a state prison. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972), because the trial court upheld the constitutional validity of section 944.47. [1] We hold that the trial court correctly denied the motion to suppress since the search and seizure was not illegal, and we hold that *404 section 944.47 is not unconstitutionally vague as applied to Wells and is not an unlawful delegation of legislative powers and that she has no standing to challenge this statute as overbroad....

...1826, 16 L.Ed.2d 908 (1966); Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183 (1951). Therefore, we hold that the trial court's denial of her motion to suppress was proper. We next proceed to Wells' challenges to the constitutionality of section 944.47 on the grounds that it is vague, overbroad, and an unlawful delegation of legislative authority....

...institution. ... . (2) Whoever violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Wells does not have standing to challenge as vague subsections of section 944.47 under which she was not charged since she is unaffected by these subsections. State v. Champe, 373 So.2d 874 (Fla. 1978). Furthermore, she has no standing to challenge section 944.47 as overbroad. Clark v. State, 395 So.2d 525 (Fla. 1981). Her conduct was clearly illegal and proscribed by section 944.47 in understandable terms, and she has made no assertion that the statute inhibits activities protected by the first amendment. We have previously held that section 944.47 is not an unlawful delegation of legislative powers....

...However, items of contraband were outlined by the legislature. The prison administrator must keep out items within that outline which, based on his experience in the prison system, are potentially harmful. 395 So.2d at 527-28. Finally, we reject Wells' contention that section 944.47 is unconstitutionally vague as applied to her....

...Wells' concerted effort at concealing the marijuana belies any assertion that she did not know that her conduct of introducing the marijuana into the prison was illegal. To perceive that smuggling drugs into a prison is prohibited activity requires only a minimum of common understanding. As applied to Wells' conduct, section 944.47 gave fair notice that her particular behavior was illegal....

...1970), where wildlife officers conducted a warrantless search of vehicle in a game preserve, the district court held broadly that a warrantless search is proper in order to maintain security or to prevent entry of forbidden articles into a designated area. However, no seizure was involved in Davis. Section 944.47, Florida Statutes (1978), allows prison administrators wide discretion to detect contraband and to keep it out of the institutions....

...and upon the grounds of a state correctional facility. The defendant in Wilcott was charged by information with unlawfully introducing or possessing upon the grounds of a correctional center contraband, without specifying the amount, in violation of section 944.47, Florida Statutes (1983)....

...Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee. WIGGINTON, Judge. A jury found appellant guilty of the offense of introducing into or upon the grounds of a correctional institution contraband, in violation of Section 944.47(1)(a)4, Florida Statutes....

...Saxon, Asst. Public Defender, Eighth Judicial Circuit, Starke, for appellant. Jim Smith, Atty. Gen. and Charles A. Stampelos, Asst. Atty. Gen., Tallahassee, for appellee. ADKINS, Justice. By direct appeal appellant challenges the constitutionality of section 944.47, Florida *24 Statutes (Supp....

...State, 402 So.2d 402 (Fla. 1981), and, in fact, submits that Wells is determinative of the issues in the instant case. In light of the decisions in both Wells and Clark v. State, 395 So.2d 525 (Fla. 1981), we agree and again uphold the constitutionality of section 944.47 and the appellant's conviction thereunder. Appellant may challenge only those portions of section 944.47 with which he is charged since he is unaffected by other provisions. State v. Vocelle, 159 Fla. 88, 31 So.2d 52 (1947). Thus, appellant's only remaining constitutional challenge is that section 944.47 is vague as applied to his conduct. Appellant, an employee of the Florida State Prison, attempted to smuggle two marijuana cigarettes into the prison. He was convicted, pursuant to section 944.47, Florida Statutes (Supp....

...three years probation. Wells and Clark arise out of similar facts and are dispositive of this case. "To perceive that smuggling drugs into a prison is prohibited activity requires only a minimum of common understanding. As applied to Wells' conduct, section 944.47 gave fair notice that her particular behavior was illegal." Wells v....

..."When appellant brought marijuana into the prison, his conduct was clearly illegal and proscribed in understandable terms." Clark v. State, 395 So.2d at 527. Appellant engaged in essentially the same illegal acts as those held clear and understandable in both Wells and Clark. Section 944.47 is not unconstitutionally vague as applied to Greenway and so we affirm his conviction....

...se constitutional questions on behalf of some other person who may at some future time be affected. 10 Fla.Jur.2d Constitutional Law § 62 at 285 (1979). E.g., Greenway v. State, 413 So.2d 23 (Fla. 1982) (defendant may challenge only that portion of § 944.47, state prison equivalent of 951.22, prohibiting possession of particular contraband involved); Wells v....

...*640 Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Defendant seeks review of his conviction for unlawfully bringing cannabis upon the grounds of a penal institution in violation of Section 944.47, Florida Statutes (1975)....

...the grounds of a penal institution and therefore he had been placed in double jeopardy. We reject this contention and hold that each is a separate offense. Defendant's prior conviction under Section 893.13 does not bar a subsequent prosecution under Section 944.47 based upon the same facts....

...[3] The court held that the statute permitted multiple convictions, saying: "[w]e find that the use of the article `a' in reference to `a firearm' in section 812.014(2)(b)3 clearly shows that the legislature intended to make each firearm a separate unit of prosecution." 450 So.2d at 482. In Watts the court considered whether section 944.47 permitted separate convictions for possession of two handmade knives in prison. Section 944.47 proscribes the possession of specified things by prison inmates, one of which is defined as " any firearm or weapon of any kind." [emphasis supplied.] Watts held that the defendant could not be convicted of more than one offense for th...

...onal institution to be in actual or constructive possession of any article or thing declared by the statute to be contraband. Included within the statute's definition of contraband was: "Any firearm or weapon or any kind of any explosive substance." § 944.47, Fla....

...y reason of a material variance between the information and bill of particulars and the proof at the trial, have been considered and found to be without merit. We also disagree with appellant's contention that the changes in the substantive statute, Section 944.47, Florida Statutes, amended effective July 1, 1982, could not be applied to the conspiracy charge against him, and therefore affirm....

...Moreover, as appellant concedes, there was only one conspiracy here. Epps v. State, 354 So.2d 441 (Fla. 1st DCA 1978). However, it is abundantly clear that acts constituting the conspiracy occurred both before and after the effective date of the statutory amendment to Section 944.47, which increased the penalty for introduction of contraband into a state penal institution from a third degree felony to a second degree felony, thereby causing the conspiracy to commit that crime to become a felony, rather *1109 than a simple misdemeanor....

...The rationale of the Second District centers around the reference in the statute to "a" firearm as compared to the use of the article "any" which appears in the statute immediately preceding other designated subjects of theft. In a recent case involving another statute, Section 944.47, Florida Statutes (1981) (possession of contraband in a correctional institution), this Court rejected the Grappin "a/any test" *659 for the determination of legislative intent as to the permissible units of prosecution: Without detrac...

...State, 440 So.2d 505 (Fla. 1st DCA 1983). In Watts, the defendant, an inmate at Union Correctional Institution, was charged with two counts of introducing into, or possessing, or attempting to take from the institution a contraband weapon in violation of Section 944.47, Florida Statutes (1981). Based upon evidence that he was in possession of both knives at the same time and place, he was adjudged guilty and sentenced on both counts of possession. Instead of relying upon the "a/any" test of Grappin and the reference in Section 944.47 to "any firearm or weapon," Watts adopted the approach espoused in Castleberry v....

...3rd DCA 1981). Watts may be further distinguished by noting that the statute involved in that case is aimed at preventing harm or injury to inmates and prison personnel by punishing the possession of implements which could be used for accomplishing such harm. Section 944.47(1)(a), (c), Florida Statutes (1981)....

...One evening defendant Machin was late in returning to the camp following a family furlough and upon his arrival he was searched by the officers in charge whereupon marijuana was found in his possession. On appeal defendant argues that the information filed charging him with a violation of F.S. § 944.47, F.S.A....

...Butterworth, Atty. Gen., Tallahassee and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee. PER CURIAM. We reverse the judgment convicting appellant of introducing into or possessing cannabis upon the grounds of a correctional facility (section 944.47, Florida Statutes (1985)) and remand the case for a new trial on the authority of Wilcott v....

...roven, to have introduced or possessed contraband (cannabis) upon the grounds of the Tomoka Correctional Institution. There is absolutely no evidence that Tomoka Correctional Institution was not a state correctional institution within the meaning of section 944.47, Florida Statutes, or that at the time and place alleged, the defendant possessed or introduced the cannabis at some place other than a correctional institution....

...We are concerned that the waiver signed by Mr. Scott may not be adequate to waive his presence at sentencing. In this case, however, we conclude that any error is harmless. Jacob Scott was charged with possession of contraband in a penal institution, a third-degree felony. § 944.47(1)(c), Fla....

...eparate acts committed nine days apart. In London, on which we earlier relied, the Fourth District Court of Appeal concluded that London's prior conviction for possession of marijuana under section 893.13 did not bar his subsequent prosecution under section 944.47, Florida Statutes (1975), making the introduction of cannabis into a penal institution a felony....

...Gen., Tallahassee, for appellee. PER CURIAM. Appellant, an inmate in the state correctional system, seeks review of his convictions, imposed after a jury trial, for two counts of possession of contraband in a state correctional institution, in violation of Section 944.47(1)(c), Florida Statutes (1989)....

...ural grounds. I would vacate the order under review because the trial court was without jurisdiction to enter it. Defendant was convicted of introduction into, removal, or possession of contraband in a state correctional institution, in violation of section 944.47, Florida Statutes (1993), a second degree felony....

...1984) (use of article "a" in reference to theft of firearms under section 812.014(2)(b)3 indicated legislative intent to allow multiple punishments for stealing a number of firearms from one person at the same time), with State v. Watts, 462 So.2d 813 (Fla. 1985) (use of word "any" in section 944.47 regarding possession of firearms in correctional institutions established legislative intent of single prosecution)....

...Public Defender, Daytona Beach, for appellee/cross-appellant. COBB, Judge. The state timely appeals the sentence of seven years' incarceration given appellee, James D. Hutcheson, for the crime of entering contraband (marijuana) into a correction facility in violation of section 944.47, Florida Statutes (1985)....

...Gen., Tallahassee, for appellee. *1390 WIGGINTON, Judge. Wilcott, an inmate at the Marianna Community Correctional Center, was charged by information with unlawfully introducing or possessing upon the grounds of a correctional center contraband, in violation of section 944.47, Florida Statutes (1983)....

...State, 462 So.2d 123 (Fla. 2d DCA 1985) (reaffirming the Dees holding). Apart from the fact that Dees involved a violation of section 951.22, Florida Statutes, dealing with introduction of contraband into a county jail, and we are here concerned with section 944.47, prohibiting that same introduction into a state prison, we disagree in principle with the Dees decision as far as it might apply to the instant case. Section 944.47 reads in relevant part: (1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to ta...

...To convict a defendant of misdemeanor possession under section 893.13(1)(f), it is essential that the prosecution produce evidence of cannabis, and of a quantitative amount of cannabis. The prosecution is not so burdened, however, in pursuing a conviction under section 944.47. As to the described offense of possession in 944.47(1)(c), the prosecution need only show that there was possession of contraband, by an inmate, or any person, upon the *1391 grounds of a state correctional institution. The contraband need not be shown to be cannabis, nor is it necessary to adduce evidence of amount. In its simplicity, section 944.47 clearly reveals the legislature's intent to prohibit the possession of any contraband by an inmate....

...8) Christopher HALL, Appellant, v. STATE of Florida, Appellee. No. 4D08-2688. District Court of Appeal of Florida, Fourth District. October 1, 2008. Christopher Hall, Indiantown, pro se. No appearance required for appellee. PER CURIAM. Affirmed. See § 944.47(1)(a)(4), Fla....

...Neither of Appellant's motions raising this issue has explained how anything in the trial transcript would demonstrate that his convictions for aggravated assault on a law enforcement officer and possession of contraband in prison arose from the same criminal episode. §§ 784.021, .07, Fla. Stat. (1991); § 944.47(1)(a), Fla....

...trol over the place where the contraband was found. This instruction was adopted in March 2000 and amended in 2014. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla....

...designed to, or may readily be converted to expel a projectile by the action of an explosive [;the frame or receiver of any such weapon] [any firearm muffler or firearm silencer] [any destructive device] [any machine gun]. Give if portable communication device is alleged. § 944.47(1)(a)6 Fla....

...institution, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF A STATE CORRECTIONAL INSTITUTION – 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA....

...108  Comment This instruction was adopted in 2014. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla....

...a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. 110  Give if portable communication device is alleged. § 944.47(1)(a)(6) Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the In...

...er] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION – 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA....

NIMMONS, Judge. Johnson appeals from a judgment and. sentence for possession of contraband in a state correctional institution in violation of Section 944.47(l)(c), Florida Statutes, (1983)....

...Even assuming that the excluded evidence qualified under the theory of admissibility espoused by this Court’s majority opinion in Mungin v. State, 458 So.2d 293 (Fla. 1st DCA 1984) (held that self-defense may be a viable defense to a charge under Section 944.47 where the inmates’s temporary possession of a weapon was for purposes of self-defense), the defendant failed to establish a proper foundation or predicate upon which he can assert reversible error in the trial court’s ruling....

POLEN, Judge. Lloyd Campbell appeals his conviction and sentence for two counts of possession of contraband in a state prison in violation of section 944.47(l)(c), Florida Statutes (1989)....

...der section 784.07(2)(e), fifteen years as a PRR; for battery on a law enforcement officer, a third-degree felony under section 784.07(2)(b), five years; and for possession of contraband in a state correctional facility, a second-degree felony under section 944.47(l)(a), Florida Statutes (1999), five years....

...BACKGROUND The murder took place on July 5, 2019, in the dayroom in the prison’s I-Wing. Unsurprisingly, the relevant events were largely 1. Boatman does not appeal his separate conviction and sentence for one count of Possession of a Weapon by a State Prisoner. See § 944.47(1)(c), Fla....

PER CURIAM. The state appeals two orders granting motions to dismiss an information charging violation of section 944.47(l)(a)l and 5, Florida Statutes....

...After Fleming was subdued, the twenty dollar bill was recovered and a box cutter was discovered. Fleming was charged by information. Count I charged Fleming with removing contraband from a state correction institution, to-wit, currency transmitted to an inmate of the institution, in violation of section 944.47, Florida Statutes (1989). Count II charged Fleming with introducing contraband into a state correctional institution, to-wit, a weapon (box cutter), contrary to section 944.47. Fleming was also charged with violation of section 812.014(2)(d), Florida Statutes (1989), based on his possession of cheese from the institution at the time he was detained outside the facility. Section 944.47(1), Florida Statutes (1989), provides in relevant part: (l)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state co...

...After a hearing, the trial court dismissed count II. The trial court stated there was no evidence, direct or circumstantial, which could lead a jury to infer that the box cutter was intended to be used as a weapon. The state first seeks reversal of the order dismissing count I on the ground that section 944.47(l)(a)l is unconstitutionally vague....

...sed to or from a prisoner. Id. at 1243 n. 5 (citations omitted). The state also seeks reversal of the order dismissing count II of the information, which charged Fleming with introducing a weapon into a state correctional institution in violation of section 944.47(l)(a)5....

...dule II, Schedule III, or Schedule IV. This instruction was adopted in 2009 [3 So. 3d 1172], and amended in 2019. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla....

...muffler or firearm silencer] [any destructive device] [any machine gun]. [A destructive device is (insert definition in § 790.001(4), Fla. Stat.).] [A “machine gun” is (insert definition in § 790.001(9), Fla. Stat.).] Give if portable communication device is alleged. § 944.47(1)(a)6, Fla....

...institution, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA....

...This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016 [191 So. 3d 291], and 2017 [216 So. 3d 497], and 2019. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla....

...a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. - 130 -  Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the...

...her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA....

contraband into a correctional institution. Section 944.47, Florida Statutes (1979). But appellant’s proffer

...When Appellant sought to visit an inmate at Tallahassee Community Correctional Center, she was subjected to a warrantless search of her person and possessions, which search disclosed certain drugs in the pocket of her sweater. She was convicted of introducing contraband into a correctional facility, proscribed by Section 944.47, Florida Statutes (1979)....

...Comment This instruction was adopted in March 2000 and amended in 2014 [153 So. 3d 192] and 2016. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla....

...f an explosive [; the frame or receiver of any such weapon] [any firearm muffler or firearm silencer] [any destructive device] [any machine gun]. - 117 -  Give if portable communication device is alleged. § 944.47(1)(a)6, Fla....

...have also been proven beyond a reasonable doubt. - 120 -  Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA....

...Comment This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla....

...1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the...

...the elements of the charge have also been proven beyond a reasonable doubt. - 124 -  Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA....

...The written plea agreement reflects that the defendant would be allowed to plea. to a lesser charge, the intent being that the defendant would plea to an appropriate misdemeanor. The probation order reflected, however, a plea of guilty to a violation of section 944.47, Florida Statutes, which is also a *356 felony....

...GGINTGN, Judge. Appellant appeals his convictions, after trial by jury, of possession of cocaine, in violation of section 893.13(l)(e), Florida Statutes, and possession of cocaine upon the grounds of a state correctional institution, in violation of section 944.47, Florida Statutes....

...Therefore, this cause is reversed and remanded for a new trial at which appellant shall be allowed to represent himself. The remand for a new trial applies only to the charge of possession of cocaine upon the grounds of a state correctional institution, in violation of section 944.47. At the close of the evidence at appellant’s original trial, defense counsel moved for a judgment of acquittal on the possession of cocaine charge under section 944.47 on the ground that the evidence did not show that appellant had introduced contraband into or had attempted to take it from the grounds of the prison....

...he charge under 893.-13(l)(e) is a necessarily lesser included offense of that charge. All elements of the simple possession offense under section 893.13 are contained within the elements of the possession of contraband offense within a prison under section 944.47(l)(c)....

...To have charged and convicted appellant under both offenses amounted to a violation of his right against double jeopardy. Compare Tessier v. State, 462 So.2d 123 (Fla. 2d DCA 1985). Appellant’s conviction under section 893.-13(l)(e) is reversed and this cause is remanded for a new trial on the charge filed pursuant to section 944.47(l)(c), in light of the order entered by the trial judge on remand on appellant’s right to represent himself....

...acility, and possession of paraphernalia. We affirm in part, reverse in part, and remand for resentenc-ing. Johnson argues that he could not be convicted of possession of contraband in a state facility because he was confined in a county jail. Under section 944.47, Florida Statutes (2002), possession of a controlled substance in a state correctional facility is a second-degree felony....

...But under section 951.22, Florida Statutes (2002), possession of a controlled substance in a county detention facility is a third-degree felony. Here, Johnson was charged with possessing contraband in a “State Correctional Institution, to-wit: The Hillsborough County Jail.” The information recited section 944.47(l)(e) as the applicable statute, but it labeled the offense a third-degree felony....

...PROCEDURAL HISTORY While incarcerated at Glades Correctional Institution, pursuant to a conviction on a separate prior offense, petitioner was charged with two counts of possession of contraband in the state institution, to wit: currency and unauthorized letters, in violation of Fla.Stat. § 944.47(1)(a), and (1)(c)....

...ts and protections guaranteed him by the “due process” and “equal protection” clauses of the Fifth and Fourteenth Amendments to the Constitution of the United States. 3. The Statute under which the Defendant was charged, tried and convicted, Section 944.47(l)(a), (l)(c) Fla.Stat....

...Petitioner was denied the effective assistance of counsel due to the fact that he is of Spanish descent and does not understand, read, speak or write the English language, nor does he understand the basic provisions of his legal rights. 3. The statute under which petitioner was convicted, Section 944.47(l)(a), (l)(c) Fla.Stat....

WIGGINTON, Judge. Appellant, who voluntarily chose to represent himself at trial, appeals his conviction after jury trial of inmate possession of a weapon (a pocket knife), in violation of section 944.47(l)(c)....

...Cole, 796 F.2d 380 (11th Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 443 , 93 L.Ed.2d 391 (1986); Castor v. State, 365 So.2d 701 (Fla.1978). He also challenges a jury instruction on the basis of his assertion that a pocket knife does not qualify as a weapon under section 944.47(l)(a)(5)....

...We affirm in part and reverse in part. Initially, we reverse the trial court’s holding that section 951.22 is an invalid delegation of legislative authority. In Clark v. State, 395 So.2d 525 (Fla.1981), the supreme court upheld similar language in section 944.47, Florida Statutes, which prohibits introduction of contraband into a correctional or penal institution “[ejxcept through regular channels as authorized by the officer in charge” of the institution. The supreme court held that section 944.47 is not an unreasonable or unlawful delegation of legislative power, recognizing that “[a] prison, unlike most regulated agencies and departments, cannot be run by procedures carefully detailed by ‘outsiders.’ ” The supreme cour...

...e lesser charge where the pleadings and evidence demonstrate it was encompassed in the offense charged. Wilcott v. State, 509 So.2d 261 (Fla.1987). In Wilcott , the defendant was convicted of unlawfully possessing contraband in a corrections center. § 944.47, Fla.Stat....

...was made. See Leonard v. State, 423 So.2d 594 (Fla. 3d DCA 1982). We find no other error in the record except that the judgment inadvertently adjudges appellant to be guilty of a violation of section 944.43, *864 Florida Statutes (1981), rather than section 944.47, which proscribes the offense laid in the information....

...Prior to the filing of any charging instrument, the appellee filed a demand for trial pursuant to Florida Rule of Juvenile Procedure 8.180. The state subsequently filed an information charging *88 the appellee, as an adult, for introduction of contraband into a correction facility in violation of section 944.47, Florida Statutes (1987), and possession of a controlled substance in violation of section 893.13, Florida Statutes (1987)....

...893.13, Florida Statutes. We agree and, therefore, affirm the trial court’s order denying Hernandez’s rule 3.800(a) motion. In 2006, following a plea, Hernandez was convicted of possession of contraband in a state correctional facility in violation of section 944.47, Florida Statutes....

...ossession of the contraband while on the grounds of a state correctional institution. Concluding that the above statute proscribes inmate possession of contraband, regardless of whether an inmate is in fact within a correctional facility, we affirm. Section 944.47(l)(c) provides: It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared...

...The holdings in the above cases did not involve the precise issue raised in the case at bar: whether possession by an inmate must be upon the grounds of a penal institution. Wilcott addressed the question of whether someone charged with violation of 944.47(1)(c) was entitled to a jury instruction for the lesser offense of possession of cannabis; Henry , whether an inmate could be convicted of both possession of a controlled substance on the grounds of a state correctional institution, as well as...

...738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Having thoroughly reviewed the record and finding no reversible error, we affirm the final judgment and sentence. However, we remand the cause for correction of the final judgment to reflect a violation of section 944.47(Z )(c), Florida Statutes (Supp.1984), which is a second, and not a third, degree felony. See section 944.47(2), Fla.Stat....

...asings hidden in a slipper and in a felt-tip marker. The authorities removed the cover from an air vent in the cell and found an object resembling an ice pick. The State ultimately charged DeFriest with two counts of inmate possession of contraband (Section 944.47, Florida Statutes (1981))....

...ic, reasonably applies to a statute in Chapter 944, regulating conduct at state correctional institutions. Surely, live ammunition is just the kind of dangerous item the legislature intended to keep out of the hands of prison inmates by operation of Section 944.47. Second, even if the definition of “explosive” in Section 790.001(5) does apply to Section 944.47, it does not follow that the exclusions of Section 790.001(5)(a)-(d) also *135 apply....

...Whatever the purpose of excluding shotgun shells, cartridges, ammunition for firearms and the like from the statutory definition of “explosive” in Chapter 790, we can find no logical reason for excluding those items from “explosive substance” as that term is used in Section 944.47....

...tained in the Florida Statutes, we note that Section 552.081(1) and Section 552.081(2), Florida Statutes (1981) define “explosive materials” and “explosives” respectively. DeFriest gives no reason why these definitions are less applicable to Section 944.47 than the definition in Section 790.001(5). We think the definitions in Chapter 552, regulating the manufacture, distribution and use of explosives among the general public, are equally inapplicable to Section 944.47....

...eria. DeFriest next contends the trial court erred in denying his motion for judgment of acquittal as to Count I. He argues “that .22 caliber cartridges and used cartridge shells are not explosive substances for purposes of prosecution pursuant to Section 944.47, Florida Statutes (1981).” The State’s expert witness testified he examined the .22 caliber ammunition and shell casings taken from DeFriest’s cell....

DAUKSCH, Judge. This is an appeal from an order dismissing an information charging introduction of contraband into the grounds of a correctional facility. § 944.47, Fla.Stat....

RYDER, Judge. Joseph C. Parrish challenges his conviction and subsequent sentence for the crime of introducing contraband into a state facility in violation of section 944.47, Florida Statutes (1979)....

...There was absolutely no evidence adduced before or presented to the trial judge in support of this argument. The trial judge denied the motion to dismiss and ruled that the factual circumstances, in short, mere possession of the marijuana, fell within the purview of the acts prohibited in the 1979 version of section 944.47. We disagree. The then section 944.47(l)(a) read in part: It is unlawful to introduce into or upon the grounds of any correctional or penal institution..., or to take or attempt to take or send therefrom, any of the following articles ......

...endant immediately upon his return to the facility from activities outside the institution. *619 Finding that the mere possession of marijuana does not satisfy the state’s burden of proving even a prima facie case that violated the 1979 version of section 944.47 and finding, as well, no other evidence that Parrish introduced the contraband into a correctional state institution, we hold that the trial judge erred in denying appellant’s motion to dismiss. Accordingly, we REVERSE the order denying the motion to dismiss and set aside the judgment and sentence entered herein. GRIMES, A.C.J. and NELSON, WILLIAM J., Associate Judge, concur. . 944.47(l)(c), Florida Statutes (1981).

...Pollard was an inmate at the Bartow Community Correctional Center, but he was off the premises pursuant to his work release program. He was supposed to be at work and to return to the prison later that same day. Mr. Pollard was charged with two counts of possession of contraband as an inmate in violation of section 944.47, Florida Statutes (1987), as well as possession of methadone, cocaine and drug paraphernalia....

...He filed a motion to dismiss the two counts of possession of contraband as an inmate, and the trial court granted his motion on the grounds that the alleged possession did not occur at the correctional facility itself. The First District has clearly held that section 944.47(l)(c) “alternatively applies to inmates in possession of contraband anywhere, ‘or’ other persons while on the grounds of correctional institutions.” Brooks v. State, 529 So.2d 313, 314 (Fla. 1st DCA 1988); § 944.47(1)(c), Fla.Stat....

...this district court or another district court. Chapman v. Pinellas County, 423 So.2d 578 (Fla. 2d DCA 1982). We agree with the First District’s analysis in Brooks and reverse the trial court’s order dismissing these charges. For the purposes of section 944.47, Florida Statutes (1987), it *1146 does not matter whether the inmate was on or off the premises while in possession of this type of illegal contraband....

...erson while on the grounds of a state correctional institution is in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. § 944.47(l)(c), Fla.Stat....

...��s double jeopardy rights. Where conviction for two offenses violates double jeopardy principles, conviction of the less serious offense will be quashed. 6 We therefore quash the conviction under section 893.13(l)(e) and affirm the conviction under section 944.47(l)(c) since possession on the grounds of a state correctional institution is the more serious offense. AFFIRMED IN PART; REVERSED IN PART. UPCHURCH, C.J., concurs. DAUKSCH, J., concurs specially with opinion. . § 944.47(l)(c) & § 944.47(l)(a), Fla.Stat....

...s rather than taking it onto the grounds. Likewise, the scoresheet reveals Henry received no points for this offense. However, the judgment, through *486 an apparent clerical error, states that Henry was convicted of both "Introduction of Contraband 944.47(a)(4)” [sic] and possession, 944.47(l)(c)....

...We agree and therefore reverse Terrien’s conviction for introduction of contraband into a state correctional institution. 1 *649 On March 25, 2009, the state charged Terrien with, among other crimes, introduction of contraband into a state correctional institution, in violation of section 944.47, Florida Statutes (2008)....

...the jury on an uncharged alternate theory of an offense when it is impossible to ascertain whether the jury convicted the defendant of the uncharged theory rather than the charged theory.” Beasley v. State, 971 So.2d 228, 230 (Fla. 4th DCA 2008). Section 944.47 provides multiple, distinct methods to commit the offense of introducing contraband into a state correctional institution: (l)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, i...

...hile upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. § 944.47, Fla....

...The state charged Terrien by information with “introduc[ing] into or upon the grounds of a state correctional institution, U.S. CURRENCY, or tak[ing] or attempt[ing] to take or sending] or attempting] to send therefrom, U.S. CURRENCY, a contraband article.” This language tracks squarely with section 944.47(l)(a). Thus, Terrien was accused of committing the charged offense under section 944.47(l)(a). The information did not accuse Terrien of possessing contraband inside a state correctional institution, found under section 944.47(l)(c). However, the trial court instructed the jury on both 944.47(l)(a) and (l)(c)....

...Comment This instruction was adopted in March 2000 and amended in 2014 [153 So. 3d 192] and 2016. 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla....

...f an explosive [; the frame or receiver of any such weapon] [any firearm muffler or firearm silencer] [any destructive device] [any machine gun]. - 116 -  Give if portable communication device is alleged. § 944.47(1)(a)6, Fla....

...have also been proven beyond a reasonable doubt. - 119 -  Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE] GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA....

...Comment This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla....

...1stst DCA 1992). A “weapon” is an instrument that is designed and constructed for use as a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the...

...the elements of the charge have also been proven beyond a reasonable doubt. - 123 -  Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA....

sentence for inmate possession of contraband (section 944.47(l)(c), Florida Statutes), arguing that the

...and amended in 2014 [153 So. 3d 192], and 2016 [191 So. 3d 291], and 2017. - 117 - 25.20 POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(c) Fla....

...designed to, or may readily be converted to expel a projectile by the action of an explosive [; the frame or receiver of any such weapon] [any firearm muffler or firearm silencer] [any destructive device] [any machine gun]. Give if portable communication device is alleged. § 944.47(1)(a)6, Fla....

...institution, you should find [him] [her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses POSSESSION OF CONTRABAND [IN] [UPON THE GROUNDS OF] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(c) CATEGORY ONE CATEGORY TWO FLA....

...Comment This instruction was adopted in 2014 [153 So. 3d 192] and amended in 2016 [191 So. 3d 291] and 2017. 25.21 [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION § 944.47(1)(a), Fla....

...a weapon, or, if the instrument is capable of being used as a weapon, the defendant used, threatened to use, or intended to use the instrument as a weapon. - 124 -  Give if portable communication device is alleged. § 944.47(1)(a)(6), Fla. Stat. “Portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the...

...[her] guilty, if all the elements of the charge have also been proven beyond a reasonable doubt. Lesser Included Offenses [INTRODUCTION] [REMOVAL] OF CONTRABAND [INTO] [FROM] A STATE CORRECTIONAL INSTITUTION — 944.47(1)(a) CATEGORY ONE CATEGORY TWO FLA....

NIMMONS, Judge. The sole issue on appeal is whether the trial court reversibly erred in refusing to instruct the jury that the state must prove, in a prosecution of the defendant for possession of contraband in a state correctional institution under Section 944.47, Florida Statutes, that the defendant had knowledge of such possession....