HEISER v. STATE (2005)

District Court of Appeal of Florida,Fourth District.

Russell HEISER, Appellant, v. STATE of Florida, Appellee.

No. 4D03-2922.

Decided: January 05, 2005

Russell Heiser, Chattahoochee, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

We grant appellant's motion for rehearing, withdraw our previously entered Per Curiam Affirmance and substitute the following in its place:

Appellant sought return of firearms seized during the incident which led to his arrest and conviction for aggravated assault with a firearm on a police officer and other charges.

Although the trial court summarily denied appellant's motion for return of property, its ruling is affirmed. As a convicted and incarcerated felon, appellant cannot take possession of these firearms. Since appellant filed his motion for return of property, appellant's felony convictions have been affirmed by this court. As a convicted felon, appellant is no longer entitled to own or to have in his care, custody, possession, or control any firearms. § 790.23(1)(a), Fla. Stat. (2003). It is well-settled that if a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record. See Robertson v. State, 829 So.2d 901, 906 (Fla.2002).

AFFIRMED.

SHAHOOD, J.

FARMER, C.J., and WARNER, J., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network