HARMON v. STATE (2020)

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, 289 So.3d 967 (Fla. 4th DCA 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 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.

PER CURIAM.