Florida District Courts of Appeal, 1977

Rucker v. State

Florida District Courts of Appeal · Decided October 11, 1977 · No. 75-2274 · Anstead, Conclusion, Cross, Letts, Only

350 So. 2d 811; 1977 Fla. App. LEXIS 16493 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Ford v. State (Fla. Dist. Ct. App. 1986)
Stefano v. State (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The conviction and sentence relating to aggravated assault are herewith affirmed.

The conviction and sentence relating to carrying a pistol without a permit is hereby reversed upon the authority of Jenkins v. State of Florida, opinion issued August 2, 1977 (4th DCA), 349 So.2d 1191, wherein the Court stated:

Jenkins was also charged with carrying a concealed weapon. He claims error by the trial court in instructing the jury that *812manual possession of a pistol without a license was a lesser included offense. We agree. Manual possession of a firearm without a license is not a necessarily included lesser offense of carrying a concealed weapon.

ANSTEAD and LETTS, JJ., concur. CROSS, J., concurs only in conclusion.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.