C.C. v. State

District Court of Appeal of Florida

C.C. v. State

701 So. 2d 423, 1997 Fla. App. LEXIS 12741, 1997 WL 699091

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1997

DocketNo. 97-0787

StatusPublished

This text of 701 So. 2d 423 (C.C. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C.C. v. State, 701 So. 2d 423, 1997 Fla. App. LEXIS 12741, 1997 WL 699091 (Fla. Ct. App. 1997).

Pincite

Opinion

WARNER, Judge.

Appellant was arrested after discharging a revolver into the ground in his friend’s fenced backyard. He was charged with possession of a firearm by a minor and discharging a firearm in a public place. We reverse the conviction for discharging a firearm in a public place, as it is clear that the backyard of one’s home does not constitute a public place within the meaning of section 790.15(1), Florida Statutes (1995). See Fla. Std. Jury Instr. (Crim.) 102 (defining “public place” under statute as “any place intended or designed to be frequented or resorted to by the public”).

We affirm the conviction for possession of a firearm by a minor, but remand for correction of the sentence to reflect that the crime is a misdemeanor, not a felony.

PARIENTE and STEVENSON, JJ., concur.

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WARNER, Judge.

Appellant was arrested after discharging a revolver into the ground in his friend’s fenced backyard. He was charged with possession of a firearm by a minor and discharging a firearm in a public place. We reverse the conviction for discharging a firearm in a public place, as it is clear that the backyard of one’s home does not constitute a public place within the meaning of section 790.15(1), Florida Statutes (1995). See Fla. Std. Jury Instr. (Crim.) 102 (defining “public place” under statute as “any place intended or designed to be frequented or resorted to by the public”).

We affirm the conviction for possession of a firearm by a minor, but remand for correction of the sentence to reflect that the crime is a misdemeanor, not a felony.

PARIENTE and STEVENSON, JJ., concur.

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Bluebook (online)

701 So. 2d 423, 1997 Fla. App. LEXIS 12741, 1997 WL 699091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cc-v-state-fladistctapp-1997.