ELBERT JOHNSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ELBERT JOHNSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
70 So. 3d 674
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DENIED. See Johnson v. State, 700 So.2d 690 (Fla. 1st DCA 1997); Baker v. State, 878 So.2d 1236 (Fla.2004); Pettway v. State, 776 So.2d 930 (Fla.2000).
BENTON, C.J., ROBERTS and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kilien Gerome Cesar v. State, 94 So. 3d 703 (Fla. 4th DCA 2012)…ant the imposition of the [10-20-life] mandatory minimum sentence.” Freeny v. State, 621 So. 2d 505, 506 (Fla. 5th DCA 1993) (footnote omitted). Rather, the State must prove that a defendant had actual possession of the firearm. See Knight v. State, 70 So. 3d 674, 675 (Fla. 1st DCA 2011). A toy gun does not fit within the definition of firearm under the 10-20-life statute. See, e.g., Coley v. State, 801 So. 2d 205, 206-07 (Fla. 2d DCA 2001) (holding that a BB gun is not a firearm under the 10-20-life statute…
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Knight v. State, 110 So. 3d 541 (Fla. 1st DCA 2013)…PER CURIAM. We affirm as to all issues except one. We remand for correction of the judgment to reflect that count 1, attempted first-degree murder, and count 6, armed kidnapping, are first-degree felonies. See Knight v. State, 70 So. 3d 674, 676 (Fla. 1st DCA 2011). AFFIRMED IN PART; REMANDED FOR CORRECTION. BENTON, C.J., WOLF and SWANSON, JJ., concur.…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Pettway v. State, 776 So. 2d 930 (Fla. 2000)