Gonsoulin v. State

District Court of Appeal of Florida

Gonsoulin v. State

642 So. 2d 146, 1994 Fla. App. LEXIS 8869, 1994 WL 501297

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 1994

DocketNo. 94-455

StatusPublished

Cited by1 cases

This text of 642 So. 2d 146 (Gonsoulin 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

Gonsoulin v. State, 642 So. 2d 146, 1994 Fla. App. LEXIS 8869, 1994 WL 501297 (Fla. Ct. App. 1994).

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Opinion

COBB, Judge.

The issue posed by this appeal is whether the crime of carrying a concealed weapon is a necessarily lesser included offense of the crime of carrying a concealed firearm. The trial court refused to so instruct the jury and the appellant contends that this was error per se.

We agree with the trial judge based upon a Blockburger analysis¹ of the two offenses. By statutory definition the term “weapon” as used in section 790.01(1), Florida Statutes, excludes a firearm; therefore, the elements of the lesser offense (carrying a concealed weapon) are not encompassed by proof of the greater offense (carrying a concealed firearm). Based on the statutory language, the two offenses are mutually exclusive. See State v. Wimberly, 498 So.2d 929 (Fla.1986).

AFFIRMED.

W. SHARP and DIAMANTIS, JJ., concur.

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COBB, Judge.

The issue posed by this appeal is whether the crime of carrying a concealed weapon is a necessarily lesser included offense of the crime of carrying a concealed firearm. The trial court refused to so instruct the jury and the appellant contends that this was error per se.

We agree with the trial judge based upon a Blockburger analysis¹ of the two offenses. By statutory definition the term “weapon” as used in section 790.01(1), Florida Statutes, excludes a firearm; therefore, the elements of the lesser offense (carrying a concealed weapon) are not encompassed by proof of the greater offense (carrying a concealed firearm). Based on the statutory language, the two offenses are mutually exclusive. See State v. Wimberly, 498 So.2d 929 (Fla.1986).

AFFIRMED.

W. SHARP and DIAMANTIS, JJ., concur.

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642 So. 2d 146, 1994 Fla. App. LEXIS 8869, 1994 WL 501297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonsoulin-v-state-fladistctapp-1994.

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