Amendments to 790.221

1. McKendry v. State

   641 So. 2d 45 (Fla. 1994)   Cited 93 times

   Legislative intent is also made clear by the 1989 amendment to section 790.221(2). Prior to 1989, section 790.221(2) read as follows: "[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years." Ch. 69-306, § 10, at 1110, Laws of Fla. The 1989 amendment changed the statute to read "[u]pon conviction thereof he shall be sentenced to a mandatory minimum term of imprisonment of 5 years." Ch. 89-312, § 1, at 2042, Laws of Fla. The legislature specifically amended the statute to replace the permissive sentencing language limiting the maximum term of imprisonment to five years with mandatory sentencing language limiting the minimum term of imprisonment to five years. We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous expression of the legislature's intent.

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2. Rinzler v. Carson

   262 So. 2d 661 (Fla. 1972)   Cited 99 times

   • Motion for summary judgment

   (1) That Section 790.221, Florida Statutes, F.S.A., is constitutional;

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3. State v. Thompson

   390 So. 2d 715 (Fla. 1980)   Cited 17 times

   § 790.221 provides:

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4. Mosely v. State

   679 So. 2d 287 (Fla. Dist. Ct. App. 1996)   Cited 3 times

   We first consider whether the court erred by imposing a consecutive mandatory minimum sentence for possession of a short-barreled shotgun. In the instant case, the applicable statutory prohibition against possession of a short-barreled shotgun prescribes a five-year mandatory minimum term. § 790.221, Fla. Stat. (1991). The three-year mandatory minimums for each of the other offenses committed by appellant were imposed pursuant to a different statute for use of a firearm during the commission of those felonies. § 775.087(2), Fla. Stat. The trial court, therefore, did not err by imposing the mandatory minimum for possession of the short-barreled shotgun consecutive to the other mandatory minimum terms imposed.

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5. Montoute v. Carr

   114 F.3d 181 (11th Cir. 1997)   Cited 259 times   1 Legal Analyses

   • Motion for summary judgment
   1 more...

   After arriving at the scene and while standing on Lemon Street, Sergeant Carr heard a gunshot. What he heard was the discharge of a shotgun on that very street. Carr then spotted Montoute, walking or running towards Carr with a 12-gauge, pistol-grip, sawed-off, pump shotgun in his right hand; it was pointing towards the ground. Possession of a sawed-off shotgun is a felony in Florida. See Fla. Stat. Ann. Section(s) 790.221 (West 1992). As he approached Carr, Montoute said, "Don't shoot me, Officer. I on your side, man. I just take the gun from the guy."

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6. Denson v. United States

   804 F.3d 1339 (11th Cir. 2015)   Cited 96 times   1 Legal Analyses

   Tony Denson, a pro se federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. The district court granted a certificate of appealability (“COA”) on the issue of whether Denson's attorney rendered ineffective assistance at sentencing by failing to object to treating Denson's Florida conviction for possession of a short-barreled shotgun, in violation of Florida Statute § 790.221(1), as a “crime of violence” for career offender guidelines calculations under U.S.S.G. §§ 4B1.1 and 4B1.2. After review, we affirm the district court's denial of Denson's § 2255 motion.

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7. State v. Maxwell

   682 So. 2d 83 (Fla. 1996)   Cited 35 times

   § 790.221, Fla. Stat. (1991).

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8. Rochester v. State

   95 So. 3d 407 (Fla. Dist. Ct. App. 2012)   Cited 6 times

   Legislative intent is also made clear by the 1989 amendment to section 790.221(2). Prior to 1989, section 790.221(2) read as follows: “[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years.” Ch. 69–306, § 10, at 1110, Laws of Fla. The 1989 amendment changed the statute to read “[u]pon conviction thereof he shall be sentenced to a mandatory minimum term of imprisonment of 5 years.” Ch. 89–312, § 1, at 2042, Laws of Fla. The legislature specifically amended the statute to replace the permissive sentencing language limiting the maximum term of imprisonment to five years with mandatory sentencing language limiting the minimum term of imprisonment to five years. We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous expression of the legislature's intent. Id.

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9. United States v. McGill

   618 F.3d 1273 (11th Cir. 2010)   Cited 14 times   1 Legal Analyses

   Beginning with the first step of the analysis, we observe that McGill's prior conviction for possessing a short-barreled shotgun arose under Florida law, which makes it a felony "for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable." Fla. Stat. § 790.221(1). The statute requires knowledge of possession. See C.W.C. v. State, 334 So.2d 275 (Fla. Dist.Ct.App. 1976). Thus, Florida bans the knowing possession of a short-barreled shotgun.

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10. In re Standard Jury Instructions in Criminal Cases—Report 2018-01

    253 So. 3d 1024 (Fla. 2018)   Cited 1 times

    § 790.221(1). Fla. Stat.; § 790.001(1). Fla. Stat.

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