Harris v. State, 370 So. 2d 74

PER CURIAM.

A. P. Harris appeals the denial of his motion to vacate his judgment and sentence for carrying a concealed weapon, to wit: a pistol. The motion was filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant contends that his conviction is invalid because a pistol is not a firearm.

We disagree. The First District has recently held that a pistol is a firearm within the meaning of Section § 790.001(6), Florida Statutes (1977). Martin v. State, 367 So.2d 1119 (Fla. 1st DCA 1979). We agree with our sister court and therefore affirm the trial court’s denial of appellant’s motion.

GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.

Case Details

Case Name: Harris v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 25, 1979

Citations: 370 So. 2d 74; 1979 Fla. App. LEXIS 14511; No. 78-1409

Docket Number: No. 78-1409

Court Abbreviation: Fla. Dist. Ct. App.