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GONSOULIN v. STATE

No. 94-455.

642 So.2d 146 (1994)

Mark GONSOULIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 16, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The issue posed by this appeal is whether the crime of carrying a concealed weapon is a necessarily lesser included offense of the crime of carrying a concealed firearm. The trial court refused to so instruct the jury and the appellant contends that this was error per se.

We agree with the trial judge based upon a Blockburger analysis1 of the two offenses. By statutory definition the term "weapon" as...

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