The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . ." § 790.10, Fla. Stat. (2018) ; Fla. Std. Jury Instr. (Crim) 10.5. . . .
. . . 775.087(1)(b), Florida Statutes (2010), one count of improper exhibition of a firearm pursuant to section 790.10 . . . Section 790.10 defines improper exhibition of a firearm as follows: "If any person having or carrying . . .
. . . . § 790.10. . . .
. . . amended in 1989, and 2013 [131 So.3d 720], and 2018. 10.5 IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] § 790.10 . . . Lesser Included Offenses IMPROPER EXHIBITION OF A WEAPON OR FIREARM - 790.10 CATEGORY ONE CATEGORY TWO . . .
. . . . § 790.10. . . . See 29 C.F.R. § 790.10(e) (" 'The custom or practice' by which compensability of an activity is tested . . . See 29 C.F.R. § 790.10(e) (" 'The custom or practice' by which compensability of an activity is tested . . .
. . . (Crim.) 10.5; see also § 790.10, Fla. Stat. (2013). . . . See §§ 784.011, 790.10, Fla. Stat. . . .
. . . .” § 790.10, Fla. Stat. (2016) (emphasis added). . . . When a knife is the weapon involved in a section 790.10 charge, it is necessary for the state to establish . . .
. . . Representative Johnson contended that because section 790.10 made it unlawful for an individual to “exhibit . . .
. . . two counts of the lesser included offense of improper exhibition of a dangerous weapon under section 790.10 . . . Lambert is correct that his two convictions and sentences under section 790.10 for what was clearly a . . . We approve the interpretation of section 790.10 ... that pre-eludes multiple convictions for a single . . . a pickup truck could only support a single conviction of that offense under the language of section 790.10 . . . among three individuals in a driveway somehow constituted separate criminal incidents under section 790.10 . . .
. . . is presently unclear whether a defendant who improperly exhibits an antique firearm violates section 790.10 . . . angry, or threatening manner; and (3) does the foregoing in the presence of one or more persons. § 790.10 . . . proposed comment is thus inconsistent with how the term “firearm” is defined within the context of section 790.10 . . . and amended in 2013 [131 So.3d 7551, and 2016. • 10.5 IMPROPER EXHIBITION OF A [WEAPON] [FIREARM] § 790.10 . . .
. . . Statutes (2013); on Count 2 of improper exhibition of a firearm, a first-degree misdemeanor; see section 790.10 . . .
. . . . § 790.10(c). . . .
. . . California Insurance Code Section 790.10 and 10 C.C.R. . . . by the California DOI require affirmative disclosure of such provisions pursuant to Ins.Code section 790.10 . . .
. . . Collier requested an instruction on improper exhibition of a dangerous weapon pursuant to section 790.10 . . . The definition of “weapon” for purposes of section 790.10 is located in section 790.001(13). . . . Thus, for a chair to be a “weapon” under section 790.10, it must be an “other deadly weapon.” . . . weapon” under that section to be an “other weapon” for purposes of improper exhibition under section 790.10 . . .
. . . Improper Exhibition of a Weapon or Firearm (except if the weapon is a closed common pocketknife) 790.10 . . .
. . . lesser-included offense of improper exhibition of a firearm on that count, in violation of section 790.10 . . .
. . . See § 790.10, Fla. Stat. (2011). . . .
. . . . § 790.10(f). . . .
. . . adopted in 1981 and was amended in 1989 and 2013. 10.5 IMPROPER EXHIBITION OF A [WEAPON][FIREARM] § 790.10 . . . Lesser Included Offenses IMPROPER EXHIBITION OF A WEAPON OR FIREARM — 790.10 CATEGORY ONE CATEGORY TWO . . .
. . . Stat. 784.021 (lYa) is charged 790.10 10.5 Assault 784.011 8.1 Attempt 777.04(1) 5.1 Improper Exhibition . . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Assault 784.011 8.1 Improper exhibition of dangerous weapon 790.10 . . . Stat. 784.02im(a] is charged 790.10 10.5 Assault 784.011 8.1 Attempt 777.04(1) 5.1 improper-exhibition . . .
. . . . § 790.10, and Open Carrying of Weapon, Fla. Stat. § 790.053. . . .
. . . Under section 790.10, Florida Statutes (2009), improper exhibition of a dangerous weapon occurs when . . . See § 790.10. . . .
. . . Section 790.10, Florida Statutes (2012), prohibits the exhibition of a firearm or other weapon “in the . . .
. . . meet its burden of proving that the BB gun he wielded was a “weapon” within the meaning of section 790.10 . . . Section 790.10 provides: If any person having or carrying any dirk, sword, sword cane, firearm, electric . . .
. . . . § 790.10. . . . Section 790.10 provides that "[i]f any person having or carrying any ... firearm ... shall, in the presence . . . Id. § 790.10. . In Bonner v. . . .
. . . Martinez appeals from his conviction and sentence for improper exhibition of weapon pursuant to section 790.10 . . . Whether the self-defense clause of section 790.10, Fla. . . .
. . . Section 790.10, Florida Statutes (2007), prohibits the exhibition of a firearm “in the presence of one . . .
. . . Section 790.10, Florida Statutes (2008), defines this offense as follows: If any person having or carrying . . .
. . . See § 790.10, Fla. Stat. . . . That is a crime only if it is done in a "rude, careless, angry, or threatening manner.” § 790.10, Fla . . . See also § 790.10, Fla. Stat. . . .
. . . .1985) (holding that the second conviction was “totally unsupported by the evidence” because section 790.10 . . .
. . . .” § 790.10, Fla. Stat. (2002) (emphasis added). . . .
. . . 784.07(2)(a) 8.10 foreement officer_ Assault_784.011_8.1 _Attempt_777.04(1) 5.1 Improper exhibition of 790.10 . . . enforcement 784.07(2)(b) 8.11 officer_ Battery_784.03_8J5_ _Attempt_777.04(1) 5.1 Improper exhibition of 790.10 . . .
. . . before trial to charge appellant with improperly exhibiting a dangerous weapon pursuant to section 790.10 . . . session at the judge’s behest to uncover cases interpreting the term “dangerous weapon” in section 790.10 . . . bore the burden at trial of presenting competent, substantial evidence that appellant violated section 790.10 . . . .. in the presence of one or more persons ... in a rude, careless, angry, or threatening manner.” § 790.10 . . . See § 790.10, Fla. Stat. (2006). For this reason, appellant was entitled to judgment of acquittal. . . .
. . . . § 790.10(c); accord United Paperworkers Int’l Union, Local No. 30192 v. . . .
. . . Section 790.10, Florida Statutes, prohibits improper exhibition of dangerous weapons or firearms, and . . . provides: 790.10. . . . guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 790.10 . . .
. . . Finally, Defendant asks the court to strike references in the CAC to California Insurance Code §§ 785-790.10 . . .
. . . . § 790.10, assimilated into federal law by 18 U.S.C. § 13 (2000), read in relevant part as follows: . . . 790.10. . . .
. . . convicted on each of the lesser-included offense of improper exhibition of a dangerous weapon under section 790.10 . . . Relying on TroedeVs fundamental error pronouncement, we held that because section 790.10 was only violated . . .
. . . arrested on charges of (1) improper exhibition of a firearm or dangerous weapon, pursuant to section 790.10 . . .
. . . category 2 permissive lesser-included offense of improper exhibition of a deadly weapon, see sections 790.10 . . . in a rude, careless, angry or threatening manner,” an essential element of the offense under section 790.10 . . .
. . . convicted on each of the lesser-included offense of improper exhibition of a dangerous weapon under section 790.10 . . . Relying on Troedel’s fundamental error pronouncement, we held that because section 790.10 was only violated . . .
. . . judgment of guilt for the lesser included offense of improper exhibition of a weapon under section 790.10 . . .
. . . . § 787.02(2); § 790.10; and § 800.03, Fla. Stat. (2001). . Williams v. . . .
. . . See § 790.10, Fla. Stat. (2000). . . .
. . . . § 790.10, Fla. Stat. Thus, waiving a gun at two people, in one motion, would be only one crime. . . .
. . . . § 790.10, Fla, Stat. (1999); I.T. v. State, 694 So.2d 720, 724 (Fla.1997). . . .
. . . See § 790.10, Fla. Stat. (1997). . . .
. . . Section 790.10, Florida Statutes (1997) provides: If any person having or carrying any dirk, sword, sword . . . DAUKSCH and PETERSON, JJ„ concur. . § 790.10, Fla. Stat. (1997). . § 784.021(l)(a), Fla. . . .
. . . . § 790.10, Fla. Slat. . 322.34, Fla. Stat. . . .
. . . See § 790.10, Fla. Stat. (1997). . . . HARRIS and PETERSON, JJ., concur. . § 790.10, Fla. Stat. (1997). . . . .
. . . .” § 790.10, Florida Statutes. . . .
. . . A jury found Salyers guilty of improper exhibition of a weapon, in violation of § 790.10, Florida Statutes . . .
. . . Section 790.10, Florida Statutes (1995) provides as follows: If any person having or carrying any ... . . .
. . . . § 790.10, Fla. Stat. (1993). . . .
. . . . § 790.10, Fla. Stat. (1993). . § 843.02, Fla. Stat. (1993). . . .
. . . Section 790.10, Florida Statutes (1993), provides: If any person having or carrying any dirk, sword, . . .
. . . counts of the lesser included offense of improper exhibition of a dangerous weapon pursuant' to section 790.10 . . .
. . . Upon the State’s proper confession of error based upon section 790.10, Florida Statutes (1993); Vance . . .
. . . 9th Cir.1983), cert. denied, 466 U.S. 972, 104 S.Ct. 2346, 80 L.Ed.2d 820 (1984); Cal.Ins.Code §§ 790-790.10 . . .
. . . Constitutional Challenges to Florida Statutes In Ground one, Petitioner alleges that §§ 838.021, 836.10, and 790.10 . . .
. . . counsel and the court were of the understanding that the requested instruction was based on section 790.10 . . .
. . . Section 790.10, Fla. Stat. (1991). . . .
. . . . § 790.10, Fla.Stat. (1991). . . . .
. . . Boyd, with the improper exhibition of a firearm in violation of section 790.10, Florida Statutes (1991 . . . Section 790.10, Florida Statutes (1991), upon which the charge was based, provides as follows: If any . . .
. . . business of insurance’ ... particularly Article 6.5, Insurance Code of the State of California, §§ 790-790.10 . . . Code §§ 790-790.10, to the exclusive province of the Insurance Commissioner. . . .
. . . Brooks was also convicted for improper exhibition of a firearm pursuant to Section 790.10, Florida Statutes . . .
. . . By contrast, section 790.10, governing improper exhibition of a weapon, does not require that the victim . . . that the defendant make a threatening gesture with the weapon to be convicted of violating section 790.10 . . .
. . . . §§ 790.15, 790.10, Fla.Stat. (1987). . . .
. . . Statutes, for the first degree misdemeanor of improper exhibition of a firearm as described in section 790.10 . . .
. . . l)(a) None Assault — 784.011 Attempt Attempt Improper exhibition of dangerous weapons or firearms — 790.10 . . . battery — 784.-045(l)(b) Battery — 784.03 Attempt Improper exhibition of dangerous weapons or firearms — 790.10 . . . weapon is charged) Carrying concealed weapons — 790.01(1) Improper exhibition of dangerous weapons— 790.10 . . . firearm is charged) Carrying concealed firearm — 790.01(2) Improper exhibition of dangerous firearms— 790.10 . . .
. . . presence of one or more persons in a rude, careless, angry or threatening manner” in violation of section 790.10 . . . C.W. moved for judgment of acquittal on the section 790.10 charge on the ground that Officer Riley’s . . . The trial court granted C.W.’s motion for judgment of acquittal on section 790.10 violation but adjudicated . . .
. . . assault— 784.021(l)(a) Assault — 784.011 Attempt Improper exhibition of dangerous weapons or firearms — 790.10 . . . battery— 784.045(l)(b) Battery — 784.03 Attempt Improper exhibition of dangerous weapons or firearms — 790.10 . . . Assault — 784.011 Carrying concealed firearm— 790.01(2) Improper exhibition of dangerous firearms — 790.10 . . .
. . . instructions on the lesser included offense of improper exhibition of a dangerous weapon under section 790.10 . . . , Florida Statutes (1981), which provides: 790.10 Improper exhibition of dangerous weapons or firearms . . . relied on Solomon to argue that the separate convictions and sentences were impermissible, as section 790.10 . . . Section 790.10 by its express wording proscribes the act of exhibiting the weapon in the presence of . . . We approve the interpretation of section 790.10 in Solomon that precludes multiple convictions for a . . .
. . . violation of Section 790.15 Florida Statutes, and reckless display of a firearm in violation of Section 790.10 . . .
. . . lesser included offense of improper exhibition of a dangerous weapon or firearm, a violation of section 790.10 . . . presence of one or more persons,” all three allegations being essential to allege a violation of section 790.10 . . .
. . . act of exhibiting a firearm in the presence of two people constitutes a single offense under Section 790.10 . . . Insofar as Solomon finds the error of separate convictions under Section 790.10 fundamental, we disagree . . .
. . . convictions and sentence based on two counts of improper exhibition of a dangerous weapon, section 790.10 . . . Section 790.10, Florida Statutes (1981), states: 790.10. . . . An interpretation of section 790.10, Florida Statutes, which favors multiple convictions for a single . . .
. . . . § 790.10(d). . . . .
. . . aggravated assault, § 784.021(l)(a), Fla.Stat. (1979), and improper exhibition of a dangerous weapon, § 790.10 . . .
. . . vehicle and, instructed that improper exhibition of a firearm, a first degree misdemeanor under Section 790.10 . . .
. . . . § 790.10, Fla.Stat. (1979). . § 784.021, Fla.Stat. (1979). . Willard v. . . . having or carrying any ... firearm .. . shall ... exhibit the same in a ... careless . .. manner ....” § 790.10 . . .
. . . . § 790.10, Fla.Stat. (1979). . . .
. . . . § 790.10 provides: If any person having or carrying any dirk, sword, sword cane, firearm, or other . . .
. . . all pertinent times, and particularly Article 6.5, Insurance Code of the State of California, §§ 790-790.10 . . .
. . . pursuant to the provision for dog 'leashes, collars, muzzles, harnesses and similar dog equipment in item 790.10 . . . Marmax case, the court noted “that the classification of this merchandise pursuant to the above item 790.10 . . . since the Tariff Classification Study in the schedule 7, part 13, explanatory notes relating to item 790.10 . . . that the importations were properly classified pursuant to the provision for dog equipment under item 790.10 . . .
. . . The merchandise was classified pursuant to item 790.10 of the Tariff Schedules of the United States which . . . We are also of the view that the language of item 790.10 provides for the importation as “similar dog . . . In light of the above, we hold that the instant merchandise was properly classified pursuant to item 790.10 . . .
. . . These articles were classified pursuant to item 790.10 of the Tariff Schedules of the United States which . . . importation is chiefly used as a stake to which dogs are tied and therefore is equipment provided for in item 790.10 . . .
. . . . § 790.10 (1967), F.S.A. . . .
. . . dutiable as (i) “dog equipment” similar to “Dog leashes, collars, muzzles, [and] harnesses” under Item 790.10 . . . Claimed under alternatively: Item 790.10 Dog leashes, collars, muzzles, harnesses, and similar dog equipment . . . Nor is there merit to plaintiff’s claim that the imported articles are dutiable under Item 790.10 as . . .
. . . dutiable as (i) “dog equipment” similar to “Dog leashes, collars, muzzles, [and] harnesses” under Item 790.10 . . . Claimed under alternatively: Item 790.10 Dog leashes, collars, muzzles, harnesses, and similar dog equipment . . . Nor is there merit to plaintiff’s claim that the imported articles are dutiable under Item 790.10 as . . .
. . . (b) The standby costs claimed by plaintiff totaling $27,-790.10 are unsupported hr the evidence. . . .
. . . For said tour, plaintiffs paid to Burlington the sum of $790.10, the price of an escorted tour. . . .
. . . . § 790.10 (c). . . .
. . . that it stated the total compensation to which plaintiff was entitled for work performed was $2,720,-790.10 . . .
. . . Swift & Co., 2 Cir., 173 F.2d 517, 520; Code Fed.Regs.Supp.1947, Title 29, § 790.10(d). . . .
. . . the ‘particular place of business,’ ‘plant,’ ‘mine,’ ‘factory,’ ‘forest,’ etc.” 29 OFR, 1947 Supp. 790.10 . . .