Williams v. State

The appellant in this direct criminal appeal challenges his conviction pursuant to section 790.235, Florida Statutes (1997)(violent career criminal carrying a concealed weapon). Because an essential element of the offense was not established, we reverse the appellant’s conviction and remand with directions that judgment and sentence be entered for a lesser included offense.

*359The argument presented in this appeal was raised before the trial court in a Florida Rule of Criminal Procedure 3.190(c) pretrial motion to dismiss the information and again in a motion for judgment of acquittal at trial.…