Robert Bertagna v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 12, 2026
Docket4D2025-3042
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ROBERT BERTAGNA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D2025-3042
[November 12, 2026]
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.
Lucie County; Michael C. Heisey, Judge; L.T. Case No.
562023CF000476AXXXXX.
Daniel Eisinger, Public Defender, and Siobhan Helene Shea, Assistant
Public Defender, West Palm Beach, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Lindsay A.
Warner, Senior Assistant Attorney General, West Palm Beach, for appellee.
GERBER, C.J.
The defendant appeals from his conviction and sentence following his
no contest plea to one count of possession of a firearm by a convicted felon
under section 790.23, Florida Statutes (2022). The defendant raises four
issues, none of which have merit. On the third and fourth issues, which
respectively argue section 790.23 violates the Florida Constitution and the
United States Constitution, we rely upon Nelson v. State, 195 So. 2d 853
(Fla. 1967), and Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025).
Affirmed.
KLINGENSMITH and SHEPHERD, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.