STATE OF FLORIDA, APPELLANT,
v.
RONALD BECTON, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A gold chain necklace is not contraband under the statute defining contraband as communication, currency, or food/clothing.
The state charged a defendant with introducing contraband into a correctional facility, specifically a gold chain necklace. The trial court dismissed …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Construction cases and more on FLexlaw
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. (1993). The question on appeal is whether a gold chain necklace is contraband under the definition in the statute. The pertinent part of the statute says:
1. Any written or recorded communication or any currency or coin given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution.
2. Any article of food or clothing given or transmitted, ... to any inmate of any state correctional institution.
We have chosen a dictionary to define the words “clothing” and “currency.” The New Shorter Oxford English Dictionary defines clothing as “[tjhings worn to cover the body and limbs.” We have decided that a necklace does not fit within the dictionary definition any more than does any of the following when worn: a bandage, lipstick, a badge or medal, a tattoo or a mask.
We consulted the same dictionary to find the scholars’ definition of “currency.” Here it says, “The money or other commodi ty which is in circulation as a medium of exchange.” While we agree with the attorney general that this gold chain necklace could be used for exchange, we do not believe it is “in circulation as a medium of exchange,” even in a prison where it is well known that cigarettes, magazines, candy and food, drugs and favors are regularly exchanged. We also believe a gold chain necklace in ordinary usage does not fall under clothing or currency.
If it is best that gold chain necklaces be made contraband then it is best the legislature do it.
AFFIRMED.
THOMPSON and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Standard Jury Instructions IN Crim. Cases-Report NO. 2013-05, 153 So. 3d 192 (Fla. 2014)…is unlawful to [give] [receive] a contraband item [to] [from] an inmate of a county detention facility even if the inmate was outside the facility at the time the contraband item was [given] [received]. Give if clothing is alleged. State v. Beaton, 665 So. 2d 358 (Fla. 5th DCA 1995). “Clothing” means things worn to cover the body and limbs. . Give if currency is alleged. State v. Beaton, 665 So. 2d 358 (Fla. 5th DCA 1995). “Currency” means money or another commodity which is in circulation as a medium of…1 / 5
-
In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-03, 191 So. 3d 291 (Fla. 2016)…is unlawful to [give] [receive] a contraband item [to] [from] an inmate of a county detention facility even if the inmate was outside the facility at the time the contraband item was [given] [received]. Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5th DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if currency is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5th DCA 1995). “Currency” means money or another commodity which is in circulation as a medium of ex…1 / 5
-
In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2016-09, 216 So. 3d 497 (Fla. 2017)…is unlawful to [give] [receive] a contraband item [to] [from] an inmate of a county detention facility even if the inmate was outside the facility at the time the contraband item was [given] [received]. Give if clothing is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5th DCA 1995). “Clothing” means things worn to cover the body and limbs. Give if currency is alleged. State v. Becton, 665 So. 2d 358 (Fla. 5th DCA 1995). [*603] “Currency” means money or another commodity which is in circulation as a medium…1 / 5
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence