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DRIVER v. VAN COTT

Nos. 40870, 40396, 40397.

257 So.2d 541 (1971)

Honorable B.J. DRIVER, Circuit Judge of the Sixth Judicial Circuit, Appellant, v. Talbot M. VAN COTT, Appellee. STATE of Florida, Appellant, v. Matthew SMITH, Appellee. STATE of Florida, Appellant, v. Matthew SMITH, Appellee.

Supreme Court of Florida.

Rehearing Denied February 28, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Warren H. Petersen and Wallace E. Allbritton, Asst. Attys. Gen., for appellant.

C.J. Abernathy, St. Petersburg, for Talbot M. VanCott.

Edward R. Kirkland, Orlando, for Matthew Smith.

DEKLE, Justice.

These consolidated cases arrive here from lower court judgments holding unconstitutional Fla. Stat. sec. 790.23 F.S.A., (1969):

"Felons; possession of firearms unlawful; exception; penalty. "(1) It is unlawful for any person who has been convicted of a felony in the courts of this state or of a crime against the United States, which is designated as a felony or convicted of an offense in any other state, territory, or country punishable...

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