Florida District Courts of Appeal, 1997

C.C. v. State

C.C. v. State
Florida District Courts of Appeal · Decided November 12, 1997 · Pariente, Stevenson, Warner
701 So. 2d 423; 1997 Fla. App. LEXIS 12741; 1997 WL 699091 (Southern Reporter, Second Series)

C.C. v. State

Opinion of the Court

WARNER, Judge.

Appellant was arrested after discharging a revolver into the ground in his friend’s fenced backyard. He was charged with possession of a firearm by a minor and discharging a firearm in a public place. We reverse the conviction for discharging a firearm in a public place, as it is clear that the backyard of one’s home does not constitute a public place within the meaning of section 790.15(1), Florida Statutes (1995). See Fla. Std. Jury Instr. (Crim.) 102 (defining “public place” under statute as “any place intended or designed to be frequented or resorted to by the public”).

We affirm the conviction for possession of a firearm by a minor, but remand for correction of the sentence to reflect that the crime is a misdemeanor, not a felony.

PARIENTE and STEVENSON, JJ., concur.

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