ROBERT CRUM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2011-03-09
No. 4D09-3077
GROSS, C.J., and STEVENSON, J., concur.
56 So. 3d 102 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 1 case
Topics
Lesser Included Offense Jury Instructions Statutory Construction Statutory Interpretation

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Opinion of the Court
GERBER, J.

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 ... from the category of “other deadly weapon,” we do not believe that the legislature intended for a gun to be a “firearm” when not concealed, but to be both a “weapon” and a “firearm” when concealed. To read the statute in this manner would violate the basic rule of statutory construction that courts should not construe a statute in a manner that leads to an absurd result.

Id. at 251.

Affirmed.

GROSS, C.J., and STEVENSON, J., concur.

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  • Guido v. Pbso (15th Cir. Ct. App. Div. 2011)
    …249 (Fla. 2nd DCA 2003) held the specific statutory definition "firearm" to preclude a gun from being a "weapon". And as recently as March 9, 2011, the 4th DCA has again said a gun is a "firearm" and a "firearm" is not a weapon. See: Crum v. State, 56 So. 3d 102 (Fla. 4th DCA 2011). Therefore, the trial court had absolutely no jurisdiction to withhold Mr. Guido's property. Moreover, the lower court had absolutely no authority to direct Mr. Guido to undergo a psychological examination. This case is so trou…

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