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350 So. 2d 811

Rucker v. State

District Court of Appeal of Florida

Decided October 11, 1977

District Court of Appeal of Florida · decided 1977-10-11

Cited by 1 later decisions — most recently March 1986

1 state decisions

Relies on Jenkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-11

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PER CURIAM.

¶1The conviction and sentence relating to aggravated assault are herewith affirmed.

¶2The 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.
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