Joel Rodriguez v. State of Florida

Joel Rodriguez appeals his conviction and sentence for violating section 790.23(1), Florida Statutes (2006). This appeal was originally filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), but we ordered supplemental briefing on a jury instruction issue.

We now conclude, and the State concedes, that fundamental error occurred in the jury instructions where the trial court instructed the jury on the nonexistent crime of “possession of a weapon by a felon,” instead of carrying a concealed weapon by a convicted felon. See James v. State, 16 So.3d 322, 325-27…