CHRISTOPHER DANIELS A/K/A CHRIS PATRICK DANIELS, APPELLANT,
v.
STATE OF FLORIDA, 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.
Christopher Daniels appeals his conviction for felon in possession of a firearm. The Florida District Court of Appeal, Second District reverses the conviction, finding that the State failed to prove Daniels' actual or constructive possession of the firearm.
No. The court reverses the conviction because the State failed to adduce any evidence showing Daniels' actual knowledge of the gun or other circumstances from which the jury could permissibly infer knowledge. Mere joint possession of a vehicle does not establish possession of a firearm found within it.
[1] A conviction for felon in possession of a firearm requires proof of actual or constructive possession of the firearm.
[2] Knowledge of the presence of a firearm within a vehicle cannot be presumed from joint possession of the vehicle.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The State must prove that Daniels was in actual or constructive possession of the firearm to prove a violation of section 790.23, Florida Statutes (1995).”
Establishes the legal standard required to convict for felon in possession of a firearm.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDaniels was stopped while driving and had a passenger in the car. While Daniels was being handcuffed, a firearm wrapped in a blue handkerchief was fou…
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 Carrying A Concealed Firearm cases and more on FLexlaw
BLUE, Judge.
Christopher Daniels appeals his conviction for felon in possession of a firearm. Because we conclude that' the State failed to prove possession of the firearm, we reverse.
Daniels was charged with driving under the influence, carrying a concealed weapon, and possession of a firearm by a felon. The last charge was severed and tried separately, on the same day but with a different jury. In the first trial, the court dismissed the concealed weapon charge after finding that the State failed to prove actual or constructive possession of the weapon by Daniels. The trial court’s finding resulted from the testimony that there was a passenger in the ear with Daniels when the ear was stopped, and that the passenger was alone in the car while Daniels was being handcuffed. The gun was found wrapped in a blue handkerchief and was not readily visible to the officer. Daniels testified in both trials and denied any knowledge of the gun.
In the second trial, on virtually the same evidence, the trial court denied the motion for judgment of acquittal and submitted the felon in possession charge to the jury. We conclude this was error. The State must prove that Daniels was in actual or constructive possession of the firearm to prove a violation of section 790.23, Florida Statutes (1995). See Wilcox v. State, 522 So. 2d 1062 (Fla. 3d DCA 1988). “Knowledge of the presence of a firearm within a vehicle cannot be presumed from joint possession of the vehicle.” Smith v. State, 687 So. 2d 875, 878 (Fla. 2d DCA 1997) (reversing conviction for carrying concealed firearm in the absence of evidence showing Smith’s actual knowledge of the gun or her incriminating statements or other circumstances from which the jury could reasonably infer actual knowledge) (citing Green v. State, 586 So. 2d 86 (Fla. 2d DCA 1991)). Because the State failed to adduce any evidence showing Daniels’ actual knowledge of the gun or other circumstances from which the jury could permissibly infer knowledge, we reverse. Based on our disposition on this issue, we have not reviewed the claimed error in jury selection.
Reversed.
CAMPBELL, A.C.J., and CASANUEVA, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bundrage v. State, 814 So. 2d 1133 (Fla. 2d DCA 2002)…ute enhances the sentence of a defendant who “actually possessed” a firearm during the commission of the crime. Possession of a firearm by a convicted felon can be proven either by an actual or a constructive possession theory. See Daniels v. State, 718 So. 2d 1274 (Fla. 2d DCA 1998); Wilcox v. State, 522 So. 2d 1062 (Fla. 3d DCA 1988). Thus, in order to apply the enhancement provision of section 775.087(2)(a)(l), the State must prove actual possession. And, pursuant to the supreme court’s decision in State v.…
-
James v. State, 868 So. 2d 1242 (Fla. 4th DCA 2004)…te enhances the sentence of a defendant who “actually possessed” a firearm during the. commission of the crime. Possession of a firearm by a convicted felon can be proven either by an actual or a constructive possession theory. See Daniels v. State, 718 So. 2d 1274 (Fla. 2d DCA 1998); Wilcox v. State, 522 So. 2d 1062 (Fla. 3d DCA 1988). Thus, in order to apply the enhancement provision of section 775.087(2)(a)(1), the State must prove actual possession. And, pursuant to the supreme court’s decision in State v.…
-
Cook v. State, 816 So. 2d 267 (Fla. 1st DCA 2002)…PER CURIAM. The state presented sufficient evidence from which the jury could have reasonably found (as it did) that appellant was guilty of possession of a firearm by a convicted felon. See, e.g., Daniels v. State, 718 So. 2d 1274, 1275 (Fla. 2d DCA 1998) (proof of either actual or constructive possession of a firearm is sufficient to support a conviction for possession of a firearm by a convicted felon). Accordingly, we affirm appellant’s conviction for that offense. However…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clevent D. Wilcox v. State, 522 So. 2d 1062 (Fla. 3d DCA 1988)
- Steffeni Michelle Smith v. State, 687 So. 2d 875 (Fla. 2d DCA 1997)
- Reshea Green v. State, 586 So. 2d 86 (Fla. 2d DCA 1991)