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Harris v. State

District Court of Appeal of Florida, Second District
Apr 25, 1979
370 So. 2d 74 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1409.

April 25, 1979.

Appeal from the Circuit Court, Hillsborough County, J.C. Cheatwood, J.


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.


Summaries of

Harris v. State

District Court of Appeal of Florida, Second District
Apr 25, 1979
370 So. 2d 74 (Fla. Dist. Ct. App. 1979)
Case details for

Harris v. State

Case Details

Full title:A.P. HARRIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 25, 1979

Citations

370 So. 2d 74 (Fla. Dist. Ct. App. 1979)

Citing Cases

Smiley v. State

A pistol is clearly a "firearm" within the meaning of Section 790.001(6), and the failure to allege that the…

Martin v. State

Affirmed. See Harris v. State, 370 So.2d 74 (Fla. 2d DCA, 1979); Martin v. State, 367 So.2d 1119 (Fla. 1st…