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ROBERT CRUM, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ROBERT CRUM, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3077 [March 9, 2011] GERBER, J. After having considered all of the arguments which the defendant raises in this appeal, we affirm the defendant’s conviction and sentence for carrying a concealed firearm. We specifically reject the defendant’s argument that the trial court should have instructed the jury on carrying a concealed weapon as a lesser included offense. We rely on the second district’s reasoning in Baldwin v. State, 857 So. 2d 249 (Fla. 2d DCA 2003): Although the definition of “concealed weapon” [in section 790.001, Florida Statutes] differs from the definition of “weapon” in that it does not specifically exclude firearms ...continue to full post

Full post as published by Florida Criminal Law Opinions on March 09, 2011 (boomark / email).