MALLORY HORTON AND SAMUEL HANNON, APPELLANTS,

v.

ROBERT A. KOPPEN, AS SUCCESSOR PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEK G. LUNGA, DECEASED, APPELLEE

Citator

Cited By

• Hipolito Marrero v. State, 516 So. 2d 1052 (Fla. 3d DCA 1987)
  …al 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 firearm by a convicted felon. Coleman was cited in a per curiam affirmance by this court in Ricks v. State, 439 So. 2d 311 (Fla. 3d DCA 1983). However, as the…
• Thorpe v. State, 377 So. 2d 221 (Fla. 1st DCA 1979)
  …e automobile at a time when possession and control had been relinquished to a friend of the defendant. Under these facts, the court held that the evidence was insufficient to establish the defendant’s “possession” of a firearm. In Coleman v. State, 345 So. 2d 1093 (Fla. 4th DCA 1977), the court squarely held that self defense is not available as a defense to the crime charged under this statute. There is, as that court put it, under the statute simply “no exception made for the convicted felon who believes he…
• Mungin v. State, 458 So. 2d 293 (Fla. 1st DCA 1984)
  …. The statute does not make the intent with which the weapon is possessed an element of the offense, (emphasis added) The rule disallowing the defense of self-defense also applies to possession of a weapon by a convicted felon. In Coleman v. State, 345 So. 2d 1093 (Fla. 4th DCA 1977), the State proved that defendant was a convicted felon and that he had possession of a firearm, contrary to Section 790.-23, Florida Statutes. Defendant then sought to establish that, in self-defense, he shot a burglar who had at…

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Authorities Cited

• In re Est. of Alek G. Lunga v. Mallory Horton and Samuel J. Hannon, 322 So. 2d 560 (Fla. 3d DCA 1975)