Isaiah Kelly v. State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 27, 2025.

Not final until disposition of timely filed motion for rehearing.

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No. 3D25-0095

Lower Tribunal No. F02-21849

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Isaiah Kelly,

Appellant,

vs.

State of Florida,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Laura María González-Marqués, Judge.

Isaiah Kelly, in proper person.

James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before EMAS, LOBREE and BOKOR, JJ.

PER CURIAM.

Affirmed. See State v. Thompson, 390 So. 2d 715 (Fla. 1980) (holding that the phrase “but this section shall not apply to antique firearms” contained in section 790.221(1), Fla. Stat. is a matter of defense; the State is not required to prove, as an element of the crime of possession of a short- barreled rifle or shotgun, that the shotgun was not an antique weapon).