EARL RUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EARL RUCKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
350 So. 2d 811
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The conviction and sentence relating to aggravated assault are herewith affirmed.
The conviction and sentence relating to carrying a pistol without a permit is hereby reversed upon the authority of Jenkins v. State of Florida, opinion issued August 2, 1977 (4th DCA), 349 So. 2d 1191, wherein the Court stated:
Jenkins was also charged with carrying a concealed weapon. He claims error by the trial court in instructing the jury that manual possession of a pistol without a license was a lesser included offense. We agree. Manual possession of a firearm without a license is not a necessarily included lesser offense of carrying a concealed weapon.
ANSTEAD and LETTS, JJ., concur. CROSS, J., concurs only in conclusion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ford v. State, 484 So. 2d 104 (Fla. 4th DCA 1986)…PER CURIAM. Affirmed upon authority of Rucker v. State, 350 So. 2d 811 (Fla. 4th DCA 1977); Jenkins v. State, 349 So. 2d 1191 (Fla. 4th DCA 1977). DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.…
-
de Stefano v. State, 377 So. 2d 751 (Fla. 4th DCA 1979)…heir probation stating: “(9) You will live honorably at all times” is unconstitutionally vague and should be stricken. I agree. A probationer should be put on reasonable notice of any conduct prohibited during his term of probation. Almond v. State, 350 So. 2d 811 (Fla. 4th DC A 1977); Morgan v. Foster, 208 Ga. 630, 68 S.E. 2d 583 (1952). While I am in full agreement that everyone, generally, and probationers, in particular, should conduct themselves honorably, I believe that such a requirement is too broad a…
Authorities Cited
- Jenkins v. State, 349 So. 2d 1191 (Fla. 4th DCA 1977)