Demetrius Carter v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: November 12, 2025
• Docket: 4D2025-0249
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DEMETRIUS CARTER, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-0249

[November 12, 2025]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Michael C. Heisey, Judge; L.T. Case No. 2023CF000585A.

Daniel Eisinger, Public Defender, and Benjamin N. Paley, Assistant Public Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Sorraya M. Solages-Jones, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Nelson v. State, 195 So. 2d 853 (Fla. 1967) (rejecting a state constitutional challenge to section 790.23, Florida Statutes); Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025), reh’g denied (May 30, 2025) (rejecting a federal constitutional challenge to section 790.23); Paul v. State, 381 So. 3d 617 (Fla. 4th DCA 2024) (upholding constitutionality of section 790.23); Edenfield v. State, 379 So. 3d 5, 9–10 (Fla. 1st DCA 2023) (“Whether based on the language from McDonald, Heller, and Bruen excluding convicted felons from having protected Second Amendment rights, or whether based on the historical tradition of the Second Amendment as given by Bruen, we conclude that Florida law prohibiting convicted felons from possessing firearms survives Second Amendment scrutiny.”), reh’g denied, 375 So. 3d 930 (Fla. 1st DCA 2023), rev. denied, No. SC2023-1106, 2023 WL 8710101 (Fla. Dec. 18, 2023).

CIKLIN, LEVINE and FORST, JJ., concur.

* * * Not final until disposition of timely-filed motion for rehearing.