STATE OF FLORIDA, APPELLANT,
v.
ALORIA L. MORGAN, SOMETIMES KNOWN AS LAURA MORGAN, APPELLEE
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Appellee was charged with the crime of carrying a concealed firearm pursuant to Ch. 69-306, § 2, § 790.01(2), Fla.Laws 1969, which provides:
“(2) Whoever shall carry a concealed firearm, as defined herein, on or about his person, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the state penitentiary for not more than five (5) years or by *302fine of not more than ten thousand dollars ($10,000.00), or by both such fine and imprisonment.”
The circuit court granted appellee’s motion to dismiss and transferred the cause to the Civil and Criminal Court of Record of Pinellas County for the reason that the circuit court lacked jurisdiction. We do not agree and reverse.
The appellee was charged with carrying a concealed firearm, which now constitutes a felony, compare Fla.Stat.1967 § 790.01, F.S.A. (amended as of October 1, 1969), and the circuit court therefore has jurisdiction. Had the appellee been charged with carrying a concealed weapon under Ch. 69-306, § 2, § 790.01(1), Fla.Laws 1969, then the civil and criminal court would have had jurisdiction.
Reversed and remanded.
PIERCE, and MANN, JJ., concur.
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State v. Williams, 238 So. 2d 140 (Fla. 2d DCA 1970)…unty. We hold that insofar as §§ 790.03 and 790.04, Florida Statutes, F.S.A., deal with acts which are now felonies, the directory provisions of 790.04 are a nullity. The circuit court has jurisdiction over the offense charged. See State v. Morgan, 237 So. 2d 301 (Fla.App.1970). Reversed and remanded. LILES and MANN, JJ., concur. . Article V of tlie 1885 Constitution was adopted in totidem verbis by the 1968 Constitution.…
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State v. Neely, 237 So. 2d 811 (Fla. 2d DCA 1970)…eal followed. Appellant urges that we reverse the order of the circuit court for the reason that Section 790.01(2), cited above, constitutes a felony, which is triable only in the circuit court of Pinellas County. See State v. Morgan, Fla.App.1970, 237 So. 2d 301, opinion filed June 17, 1970. Appellee, however, asserts that §§ 790.03 and 790.04, Fla.Stat.1967, F.S.A., permit the Civil and Criminal Court of Record in Pinellas County to have jurisdiction over this cause. While we acknowledge that these section…
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State v. Fancher, 237 So. 2d 809 (Fla. 2d DCA 1970)…PER CURIAM. Reversed on authority of State v. Morgan, Fla.App.1970, 237 So. 2d 301, opinion filed June 17, 1970; State v. Neely, Fla.App.1970, 237 So. 2d 811, opinion filed July 8, 1970. HOBSON, C. J., and LILES and PIERCE, JJ., concur.…
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