JASON GULLEN
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-10-22
No. 2024-3143
Roby, J., Kuntz, C.J., May, J., Shaw, J.
2025 FL 9512 Florida District Court of Appeal, Fourth District (2025)

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Holding

Florida Statute section 790.23 does not violate state or federal constitutional provisions.


Headnotes

[1] Florida Statute section 790.23 does not violate the Florida Constitution or the United States Constitution.

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Facts & Procedural History

Jason Guillen appealed a conviction or judgment from the Circuit Court for the Nineteenth Judicial Circuit in Martin County. The appeal involved a cha…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JASON GUILLEN, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2024-3143

[October 22, 2025]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William

L.

Roby, Judge;

L.T.

Case No. 232000744CFAXMX.

Daniel Eisinger, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Pablo Tapia, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Nelson v. State, 195 So. 2d 853 (Fla. 1967) (rejecting a state constitutional challenge to section 790.23); Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025) (rejecting a federal constitutional challenge to section 790.23).

KUNTZ, C.J., MAY and SHAW, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.


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