Harris v. State

District Court of Appeal of Florida

Harris v. State

370 So. 2d 74, 1979 Fla. App. LEXIS 14511

District Court of Appeal of Florida·Decided April 25, 1979·No. No. 78-1409·Published·Cited by 4 cases

Opinion

PER CURIAM.

A. P. Harris appeals the denial of his motion to vacate his judgment and sentence for carrying a concealed weapon, to wit: a pistol. The motion was filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant contends that his conviction is invalid because a pistol is not a firearm.

We disagree. The First District has recently held that a pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State, 367 So.2d 1119 (Fla. 1st DCA 1979). We agree with our sister court and therefore affirm the trial court’s denial of appellant’s motion.

GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.

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PER CURIAM.

A. P. Harris appeals the denial of his motion to vacate his judgment and sentence for carrying a concealed weapon, to wit: a pistol. The motion was filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant contends that his conviction is invalid because a pistol is not a firearm.

We disagree. The First District has recently held that a pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State, 367 So.2d 1119 (Fla. 1st DCA 1979). We agree with our sister court and therefore affirm the trial court’s denial of appellant’s motion.

GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.

Harris v. State, 370 So. 2d 74, 1979 Fla. App. LEXIS 14511 (Fla. Ct. App. 1979).

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Opinion

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