Legal Opinion

Crum v. State

District Court of Appeal of Florida

Decided March 9, 2011No. 4D09-3077Published

1Opinion of the CourtGerber, J.

After having considered all of the arguments which the defendant raises in this appeal, we affirm the defendant’s conviction and sentence for carrying a concealed firearm. We specifically reject the defendant’s argument that the trial court should have instructed the jury on carrying a concealed weapon as a lesser included offense. We rely on the second district’s reasoning in Baldwin v. State, 857 So.2d 249 (Fla. 2d DCA 2003):

Although the definition of “concealed weapon” [in section 790.001, Florida Statutes] differs from the definition of “weapon” in that it does not specifically exclude…

2Cases cited1 opinion

  1. Baldwin v. StateDistrict Court of Appeal of Florida · 2003

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