A. P. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
A. P. Harris appeals the denial of his motion to vacate his judgment and sentence for carrying a concealed weapon, to wit: a pistol. The motion was filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant contends that his conviction is invalid because a pistol is not a firearm.
We disagree. The First District has recently held that a pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State, 367 So. 2d 1119 (Fla. 1st DCA 1979). We agree with our sister court and therefore affirm the trial court’s denial of appellant’s motion.
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bryant v. State, 386 So. 2d 237 (Fla. 1980)…t. The statistics on young adults cover only the year 1978. One year is statistically insignificant under Castaneda. . State v. Nunez, 368 So. 2d 422 (Fla.3d DCA 1979); Martin v. State, 367 So. 2d 1119 (Fla. 1st DCA 1979). See also Harris v. State, 370 So. 2d 74 (Fla.2d DCA 1979) (a pistol is a firearm); Rogers v. State, 336 So. 2d 1233 (Fla.4th DCA 1976) (a pistol is a firearm); Davis v. State, 215 So. 2d 626 (Fla.3d DCA 1968) (a revolver is a pistol and a pistol is a firearm).…
-
Arias v. State Farm Fire & Cas. Co. & Lysle E. Williams, 426 So. 2d 1136 (Fla. 1st DCA 1983)…ny genuine issue of material fact, and all doubts and inferences must be resolved against the movant. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Wills v. Sears, Roebuck & Co., 351 So. 2d 29, 32 (Fla.1977); Morgan v. Growers Marketing Services, Inc., 370 So. 2d 74 (Fla. 2d DCA 1979). Williams’ admission, together with the other allegations made by the plaintiffs on the question of control, was sufficient to raise a reasonable inference of a disputed material fact, so as to require that the motion be denied.…
-
Smiley v. State, 395 So. 2d 235 (Fla. 1st DCA 1981)…A pistol is clearly a “firearm” within the meaning of Section 790.001(6), and the failure to allege that the .22 caliber pistol was a firearm does not invalidate the Information. Martin v. State, 367 So. 2d 1119 (Fla. 1st DCA 1979); Harris v. State, 370 So. 2d 74 (Fla. 2d DCA 1979); Thorpe v. State, 377 So. 2d 221 (Fla. 1st DCA 1979). Since a pistol is a firearm and the defendant was found guilty of attempted first degree murder with a firearm, the trial court lawfully imposed the mandatory minimum sentence…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Drum Serv. Co. OF Fla., Inc. v. State, 367 So. 2d 1119 (Fla. 1st DCA 1979)