Legal Opinion

Crespo v. State

District Court of Appeal of Florida

Decided April 21, 1987No. 86-1458PublishedCited by 2 opinions

1Opinion of the Court

BASKIN, Judge.

Defendant Crespo seeks reversal of his conviction of possession of a firearm by a convicted felon. § 790.23, Fla.Stat. (1983). As grounds for reversal, he cites the trial court’s inadvertent omission of the Standard Jury Instruction defining “care and custody.” The omitted instruction would have defined that portion of the charge dealing with a convicted felon having in his “care, custody, possession or control, a firearm.” The court had indicated it would give such an instruction, but apparently failed to do so. When the state brought the omission to the court’s attention, the…

2Cases cited2 opinions

  1. Maxwell v. WainwrightSupreme Court of Florida · 1986
  2. Austin v. StateDistrict Court of Appeal of Florida · 1981

3Cited by2 opinions

  1. Acosta v. StateDistrict Court of Appeal of Florida · 1992
  2. Pachon v. StateDistrict Court of Appeal of Florida · 1993

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