Harrell v. State

SILBERMAN, Judge.

Robert Lee Harrell ended an altercation with a man who was intent on starting a fistfight by pulling out a gun and shooting him. He now seeks, review of his judgment and sentences for aggravated battery, possession of a firearm by a convicted felon, and carrying a concealed firearm. On appeal Harrell challenges (1) the constitutionality of sections 790.23 and 790.01(2), Florida Statutes (2009), (2) the denial of his motion to dismiss under the Stand Your Ground law, and (3) the reclassification of the aggravated battery offense based on the use of a weapon. We affirm…