JAMES RUBEN CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant here seeks our judicial approval of his possession of a deadly weapon while a prisoner, allegedly for the purpose of protecting himself against other inmates. While there is a narrow defense of necessity available to a prisoner whose escape has been motivated by sufficiently perilous circumstances 1 such a defense has not been extended to the possession of deadly weapons. To grant judicial sanction to the otherwise unlawful possession of a deadly weapon by prisoners, whatever the reason, would undoubtedly result in murder, mayhem and utter chaos throughout our entire penal institutions, with which’ authorities would be unable to cope.
We have carefully considered the other points raised by appellant and find them, too, to be without merit.
No reversible error having been demonstrated, the judgment and sentence appealed are
Affirmed.
BOYER, Acting C. J., and McCORD and MILLS, JJ., concur. . See Helton v. State, Fla.App. 1st 1975, 311 So. 2d 381 and cases therein cited.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hipolito Marrero v. State, 516 So. 2d 1052 (Fla. 3d DCA 1987)…ribes the defense to the possession charge, but it may carry some baggage associated with the duress defense. We prefer and will use the still more general term "justification." . Dardy v. State, 324 So. 2d 178 (Fla. 1st DCA 1975); Carter v. State, 312 So. 2d 494 (Fla. 1st DCA 1975). Before Mungin, the Fourth District, in Nickerson v. State, 417 So. 2d 762 (Fla. 4th DCA 1982), and Coleman v. State, 345 So. 2d 1093 (Fla. 4th DCA 1977), held that self-defense is not a viable defense to the possession of a fire…
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Dardy v. State, 324 So. 2d 178 (Fla. 1st DCA 1975)…ch the merits w^ would nevertheless be required under the evidence revealed by the record to affirm. Self defense is not a viable defense to the offense of possession of a firearm by a convicted [*179] felon. (See Carter v. State, Fla.App. 1st 1975, 312 So. 2d 494; Johnson v. State, 1971, 256 Ind. 497, 269 N.E. 2d 879) Further, the evidence reveals that the defendant had been in possession of the loaded shotgun for an extended period of time prior to the incident giving rise to the charges against him. Affir…
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Mungin v. State, 458 So. 2d 293 (Fla. 1st DCA 1984)…984, which recognized that the defense of self-defense, or necessity and duress, was, under the unique circumstances presented by this case, permissible. The state urges that this court’s opinion conflicts with its prior opinions in Carter v. State, 312 So. 2d 494 (Fla. 1st DCA 1975), and Dardy v. State, 324 So. 2d 178 (Fla. 1st DCA 1975), and therefore rehearing en banc should be granted pursuant to the provisions of Florida Rule of Appellate Procedure 9.331. The full court has considered the motion for rehe…1 / 3
Authorities Cited
- Helton v. State, 311 So. 2d 381 (Fla. 1st DCA 1975)