Rogers v. State

SHIVERS, Judge.

Rogers appeals his conviction for possession of a weapon by a prison inmate. Section 944.43, Fla.Stat. (1979). Among other points, appellant asserts as error the trial court’s taking judicial notice of Rule 33.-306(1), Fla.Admin.Code. We affirm defendant’s conviction on all points but this one point appears to merit further discussion.

Section 944.43 proscribes possession of weapons by inmates contrary to any rule or regulation of Department of Corrections. DOC implemented the statute by promulgating Rule 33.306(1), Fla.Admin.Code.

The trial court arraigned Rogers on January 26,…