Kluth v. State

District Court of Appeal of Florida

Kluth v. State

821 So. 2d 1210, 2002 Fla. App. LEXIS 10671, 2002 WL 1723548

District Court of Appeal of Florida·Decided July 26, 2002·No. No. 5D01-1496·Published

Opinion

THOMPSON, C.J.

Kenneth D. Kluth appeals his conviction for possession of a firearm by a convicted felon in violation of section 790.23(e), Florida Statutes (1999). Kluth contends that the court should have granted his motion for judgment of acquittal because the state failed to prove that his right to possess a firearm was not, pursuant to the law of Georgia, restored upon the putative successful completion of a prior probation in Georgia. We affirm because the restoration of civil rights is an affirmative defense; the state does not have the burden of proving that a defendant’s civil rights have not been restored. Benitez v. State, 172 So.2d 520 (Fla. 2d DCA 1965).

AFFIRMED.

SHARP, W., and PALMER, JJ., concur.

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THOMPSON, C.J.

Kenneth D. Kluth appeals his conviction for possession of a firearm by a convicted felon in violation of section 790.23(e), Florida Statutes (1999). Kluth contends that the court should have granted his motion for judgment of acquittal because the state failed to prove that his right to possess a firearm was not, pursuant to the law of Georgia, restored upon the putative successful completion of a prior probation in Georgia. We affirm because the restoration of civil rights is an affirmative defense; the state does not have the burden of proving that a defendant’s civil rights have not been restored. Benitez v. State, 172 So.2d 520 (Fla. 2d DCA 1965).

AFFIRMED.

SHARP, W., and PALMER, JJ., concur.

Kluth v. State, 821 So. 2d 1210, 2002 Fla. App. LEXIS 10671, 2002 WL 1723548 (Fla. Ct. App. 2002).

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Opinion

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