C. W. C., JR., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile appeals his adjudication as delinquent for possession of a short-barreled rifle found in the trunk of his vehicle. The court reverses because the state presented insufficient evidence that the child had knowing possession of the firearm.
The court held that the evidence was insufficient to sustain the adjudication of delinquency because no testimony established that the juvenile had any knowledge the firearm was in the trunk, and he did not possess a key to the trunk.
[1] A juvenile traffic offense cannot form the basis for an adjudication of delinquency.
[2] Possession of a firearm requires knowing possession of the weapon.
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Join FLexlaw to unlock all legal intelligence“No testimony was adduced that the juvenile had any knowledge that the subject firearm was in the trunk of the vehicle that he was operating.”
Establishes the fatal deficiency in the state's case—lack of evidence of the appellant's knowledge of the firearm's presence
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePolice stopped the appellant for failing to stop at a stop sign and, with his consent, searched his vehicle. The appellant did not have a key to the t…
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RAWLS, Acting Chief Judge.
Appellant, C. W. C., Jr., appeals from an order adjudicating him to be a delinquent child and committing him to the Division of Youth Services. In the order of commitment, the trial court found appellant to be guilty of possessing a short-barreled rifle in violation of Florida Statute 790.221 and unlawfully operating a motor vehicle in violation of his restricted driver’s license.
Appellee concedes that the adjudication of delinquency cannot be predicated on the fact that appellant unlawfully operated a motor vehicle in violation of the restrictions imposed on his restricted driver’s license, because it was a juvenile traffic offense as defined in Florida Statute 39.-01(29). Thus, we are solely concerned with the sufficiency of the evidence to prove that appellant had knowing possession of the illegal firearm in the trunk of the motor vehicle.
At trial, a police officer testified that around 8:30 p. m. he observed appellant fail to stop at a stop sign. The police officer stopped appellant, checked his driver’s license, and found that appellant had a restricted driver’s license. He then asked appellant if he could search the vehicle, and appellant gave his consent. However, at this time, appellant did not have a key to the trunk. The police officer obtained a key to the trunk of the vehicle from another person who was not an occupant of the vehicle, but had walked up after observing appellant being stopped by the police officer. Upon searching the trunk, the police officer found a short-barreled rifle underneath a “heap” of clothes in the bottom of the trunk. The defense called to the stand a Mr. Simmons, the person who gave the key to the trunk to the police officer. Mr. Simmons testified that the key did not belong to him, however, when the police officer asked for a key to the trunk, he procured the key from a third person. Mr. Simmons further stated that the short-barreled rifle belonged to a Ronnie Cash, that he saw Cash put the rifle in the trunk, and that appellant was not present when Cash put the rifle in the trunk.
No testimony was adduced that the juvenile had any knowledge that the subject firearm was in the trunk of the vehicle that he was operating. The record, without contradiction, reveals that appellant did not have in his possession a key to the trunk of the vehicle and that same was furnished to the police officer by a third person who was not an occupant of same. It is our conclusion that the evidence is insufficient to sustain the adjudication of delinquency. Sindrich v. State, 322 So. 2d 589 (Fla.App. 1st, 1975).
REVERSED.
MILLS and SMITH, JJ., concur.
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State v. In the Interest of C. B. K., 362 So. 2d 354 (Fla. 1st DCA 1978)…aid [Florida Statutes §§ 39.01(25); 39.02; 316.625, 316.045 (renumbered 316.630); 322.16; 322.39] and in addition thereto having considered the District Court Of Appeal, First District, Case #AA-373, in the case of C. W. G., Jr. v. State Of Florida, 334 So. 2d 275, wherein, among other matters, it is provided as follows: ‘Operation of a motor vehicle in violation of restrictions imposed on juvenile’s restricted license was a juvenile traffic offense and, hence, would not support adjudication of delinquency.…
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United States v. McGILL, 618 F.3d 1273 (11th Cir. 2010)…is or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable.” Fla. Stat. § 790.221(1). The statute requires knowledge of possession. See C.W.C. v. State, 334 So. 2d 275 (Fla.Dist.Ct.App.1976). Thus, Florida bans the knowing possession of a short-barreled shotgun. The Florida statute does contain one exception to its ban. Florida excepts “[flirearms in violation hereof which are lawfully owned and possessed under p…
Authorities Cited
- Sindrich v. State, 322 So. 2d 589 (Fla. 1st DCA 1975)