DENOVEL ATOINE WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DENOVEL ATOINE WILSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
590 So. 2d 5
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
WIGGINTON, Judge.
We affirm appellant’s judgment of conviction and sentence for sale of cocaine and possession with intent to sell cocaine. We need not reach appellant’s point charging that section 775.084, Florida Statutes, as amended by Chapter 89-280, Laws of Florida, is unconstitutional for impermissibly embracing more than one subject since appellant could have been habitualized under the pre-amendment statute as well. See King v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991).
AFFIRMED.
ERVIN and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Deangelo Andre Evans v. State, 758 So. 2d 1282 (Fla. 3d DCA 2000)…e frame or receiver of any such weapon; any device; or any machine gun.... ” A starter pistol is not designed to expel a projectile. Thayer v. State, 609 So. 2d 150, 151 (Fla. 2d DCA 1992), review denied, 618 So. 2d 211 (Fla.1993); Charley v. State, 590 So. 2d 5 (Fla. 1st DCA 1991). As such, the State has the burden of proving that “the starter gun could either expel a projectile, or be readily converted to do so.” Charley, 590 So. 2d at 6. The only evidence that the State presented on the issue of whether…
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Casais v. State, 204 So. 3d 969 (Fla. 5th DCA 2016)…00) (reversing the trial court’s denial of defendant’s motion for judgment of acquittal in a robbery with a weapon charge because the state failed to prove the “weapon” defendant used fell under the statutory definition of weapon); Charley v. State, 590 So. 2d 5, 6 (Fla. 1st DCA 1991) (finding that the trial court erred in denying a motion for judgment of acquittal for a charge of carrying a concealed firearm because “the state failed to provide competent, substantial evidence that the starter pistol found…
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Thayer v. State, 609 So. 2d 150 (Fla. 2d DCA 1992)…er wielded a starter pistol during the robbery. There was a plug in the pistol and the trigger action did not work. Most courts have held that an unmodified starter gun does not [*151] meet the requirements of a firearm. See, e.g., Charley v. State, 590 So. 2d 5 (Fla. 1st DCA 1991); Ridley v. State, 441 So. 2d 188 (Fla. 5th DCA 1983); Morales v. State, 431 So. 2d 648 (Fla. 3d DCA 1983). But see Nash v. State, 374 So. 2d 1090 (Fla. 4th DCA 1979). A starter gun generally is not designed to expel a projectile.…
Authorities Cited
- Wright v. State, 579 So. 2d 418 (Fla. 4th DCA 1991)
- Bush Wade Holland v. State, 585 So. 2d 1199 (Fla. 1st DCA 1991)