Kenyatta Harmon v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 1, 2020
Docket3D18-2410
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 1, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D18-2410
Lower Tribunal No. 18-8260
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Kenyatta Harmon,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Richard L.
Hersch, Judge.
Carlos J. Martinez, Public Defender, and James A. Odell, Assistant Public
Defender, for appellant.
Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General,
for appellee.
Before SALTER, LOGUE and GORDO, JJ.
PER CURIAM.
On Partial Concession of Error
Kenyatta Harmon appeals from his convictions and sentences for unlicensed
carrying of a concealed firearm, resisting an officer without violence, and armed
trafficking in methamphetamine.
Having considered the entire record and finding no reversible error raised by
the defendant regarding two of the three charges, we affirm the convictions and
sentences for resisting an officer without violence and armed trafficking in
methamphetamine, without further discussion. However, upon the state’s proper
and commendable partial concession of error, we reverse the defendant’s conviction
and sentence for unlicensed carrying of a concealed firearm.
The state did not present evidence regarding the defendant’s licensure or lack
of a license to carry a concealed firearm as required under section 790.01, Florida
Statutes (2018). See Jackson v. State, 45 Fla. L. Weekly D157 (Fla. 4th DCA Jan.
22, 2020) (reversing defendant’s conviction and sentence for carrying a concealed
firearm where the state failed to prove, and the trial court failed to instruct the jury
that the state had to prove, that the defendant was not licensed to carry a concealed
firearm).
Thus, we reverse the defendant’s carrying a concealed firearm conviction and
sentence based on the state’s failure of proof on licensure, and we remand for the
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trial court to vacate that conviction and sentence. We affirm the defendant’s other
two convictions and sentences.
Affirmed in part, reversed in part, and remanded with instructions.
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