Opinion

State v. Morgan

  • 237 So. 2d 301
  • 1970 Fla. App. LEXIS 6166
Court
District Court of Appeal of Florida
Filed
Jun 17, 1970
Status
Published
Author
Liles
On the bench
Liles, Mann, Pierce
Cited by
8 cases
Authority
More cited than 95.1%

The opinion

LILES, Acting Chief Judge.

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 *302 fine 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.