FREEDOM LIFE INSURANCE COMPANY OF AMERICA, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION, APPELLEE
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The court affirmed the denial of a motion to bifurcate the trial for possession of a firearm by a convicted felon, holding that the status of being a convicted felon is an essential element of the crime and cannot be separated from the possession element for jury consideration.
The court held that the trial court did not err in denying the motion to bifurcate the trial, as the status of being a convicted felon is an essential element of the offense of possession of a firearm by a convicted felon.
Franklin Syder was charged with two counts of possession of a firearm by a convicted felon for possessing the same gun on two separate occasions. He w…
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PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of November 23, 2004, the Court has determined that the instant appeal is premature. See Rowell v. Dep’t of Law Enforcement, 700 So. 2d 1242 (Fla. 2d DCA 1997). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The appellant’s Unopposed Motion to Toll Briefing Schedule, filed on December 15, 2004, is denied as moot.
ERVIN, BROWNING and HAWKES, JJ., concur.
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Citator
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- Blanco v. United Mortg. Invs., Inc., 700 So. 2d 1242 (Fla. 3d DCA 1997)
- Rowell v. State, 700 So. 2d 1242 (Fla. 2d DCA 1997)