JAMES HENRY WOOD, 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.
Conviction for possession of a firearm by a convicted felon affirmed where evidence showed the gun was between the defendant's legs, partially covered by a pillowcase, satisfying the statutory requirement of 'care, custody, possession or control.'
A firearm is in the possession of an accused within the meaning of Section 790.23, F.S.A., when it is in the care, custody, possession or control of the person, even if partially concealed and not held in the hands.
[1] A firearm is in the possession of an accused within the meaning of Section 790.23, F.S.A., when it is in the care, custody, possession or control of the person, even if p…
Previewing 1 of 1 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“It is sufficient to show that the firearm is in the 'care, custody, possession or control' of the person charged.”
Court explaining the statutory standard for possession of a firearm.
Appellant was arrested at noon in a motel room pursuant to a warrant and was found with a gun covered by a pillowcase positioned between his legs with…
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 Possession Of A Firearm By A Convicted Felon cases and more on FLexlaw
Appellant challenges the sufficiency of the evidence to support his conviction in a jury trial on the charge of possession of a firearm by a convicted felon as proscribed by Section 790.23, Florida Statutes, F.S.A. The element of the crime charged which appellant contends was not sufficiently proven was possession. Our review of the record shows that the arresting officers testified that the appellant was arrested around noon in a motel room in Jacksonville. At the time of the arrest, which incidentally was pursuant to a warrant, appellant was found with the gun covered by a pillowcase which, together with the gun, was between appellant’s legs with the gun butt sticking out in view of the arresting officers. Basically, appellant contends that this is not such possession as is contemplated by the statute. We *485disagree. That it was covered fully or partially by a pillowcase renders the gun no less in appellant’s possession than had it been fully concealed in a pocket of his clothing. To come within the purview of the statute, a firearm need not be held in the hands of the accused. It is sufficient to show that the firearm is in the “care, custody, possession or control” of the person charged. Evidence showing the gun to be clutched by the legs of appellant, even though it is partially covered by a pillowcase, fully satisfies the language of the statute. See Maloney v. State, 146 So.2d 581 (Fla.App.1962).
Affirmed.
CARROLL, DONALD K., Acting C. J., and WIGGINTON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ross v. State, 285 So. 2d 429 (Fla. 3d DCA 1973)…he had physical or constructive possession of the firearm, or that he knew of its presence. We think the evidence clearly was sufficient to prove appellant exercised “care, custody, possession or control” of the firearm. Wood v. State, Fla.App.1970, 230 So. 2d 484; see also, Maloney v. State, Fla.App. 1962, 146 So. 2d 581. The judgment appealed is affirmed. Affirmed.…
-
Wood v. State, 237 So. 2d 755 (Fla. 1970)…Certiorari dismissed without opinion. 230 So. 2d 484.…
-
Kemp v. State, 254 So. 2d 228 (Fla. 1st DCA 1971)…y for the purpose of committing an offense to which all are a party, the weapon is possessed jointly by the participants. The judgments reviewed herein are affirmed on authority of Maloney v. State, 146 So. 2d 581 (Fla.App.1962); and Wood v. State, 230 So. 2d 484 (Fla.App.1970). WIGGINTON and CARROLL, DONALD K., JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maloney v. State, 146 So. 2d 581 (Fla. 2d DCA 1962)