Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided December 1, 2010No. 2D09-3709PublishedCited by 4 opinions

1Opinion of the Court

ALTENBERND, Judge.

James Arthur Williams appeals his judgments and sentences for aggravated battery, felonious “possession” of a concealed weapon, and possession of cocaine. ■ We affirm his judgment for aggravated battery as well as the judgment for possession of cocaine. We reverse his judgment and sentence for felonious “possession” of a concealed weapon because the relevant statute makes it unlawful to “carry,” not possess, a concealed weapon as a felon. The jury instructions in this case described the wrong elements for this offense and effectively allowed a conviction for a nonexistent…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Ford v. StateSupreme Court of Florida · 2001
  3. State v. KettellSupreme Court of Florida · 2008
  4. Cooper v. StateSupreme Court of Florida · 2010
  5. Cook v. CrosbyDistrict Court of Appeal of Florida · 2005

3Cited by4 opinions

  1. Charles Kevin Simpson v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2021
  2. Joel Rodriguez v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. McCarron v. StateDistrict Court of Appeal of Florida · 2016
  4. Warren v. StateDistrict Court of Appeal of Florida · 2013

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