Clarke v. United States
Annotate this CaseFla. Stat. 790.23(1) makes it a criminal offense for a person to own or have in his care, custody, possession, or control any firearm if that person has been convicted of a felony in a Florida court. The United States Court of Appeals for the Eleventh Circuit asked the Supreme Court to determine if, under Florida law, a person is “convicted” for purposes of that statute if the person has pleaded guilty to a felony offense but adjudication for that offense has been withheld. The Supreme Court answered the certified question in the negative, holding that, for purposes of the statute, a guilty plea for a felony for which adjudication was withheld does not qualify as a conviction under section 790.23(1)(a).
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