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Judge: Stand Your Ground doesn't apply in gun-carry case
keysnet.com ^ | August 20, 2011 | KEVIN WADLOW

Posted on 08/20/2011 7:28:28 PM PDT by Free ThinkerNY

Although cleared of shooting charges in a 2007 dispute at a Key Largo trailer resort, a Hialeah man still faces a felony count of carrying the handgun he used to defend himself.

Jorge Correa, 44, must return for a November trial on a charge of carrying a concealed weapon without a permit, Monroe County Circuit Court Luis Garcia ruled Friday at the Plantation Key courthouse. Garcia denied a motion by Correa's attorneys to have the concealed-weapon charge dismissed.

Dora Sanchez, Correa's wife, said Friday's ruling took the couple by surprise. "This has become a political case," she said. "We'll keep going until everybody finds out what happened."

In April, Garcia dismissed counts against Correa of attempted murder and discharging a firearm after a violent fracas four years ago at Key Largo Ocean Resort, a gated RV park near mile marker 95.

Garcia said in his ruling that Florida's so-called Stand your Ground Law rendered Correa "immune from prosecution" on those two counts since he fired shots while being attacked.

Correa and his family believed all charges had been dismissed, including the count of carrying a concealed weapon. So did court reporters, according to a court docket from the April hearing.

"Court records at that point indicate a complete dismissal," Correa attorney Richard Hersch said.

But Assistant State Attorney Mark Wilson said Friday that while Correa legally fired a .32-caliber handgun at an attacker, "that does not decriminalize the prior action" of carrying the weapon while riding his bicycle through the community.

April's hearing focused on the two shooting charges, not the gun count, Wilson said Friday. "I don't believe the issue [of carrying a concealed weapon] was raised," the prosecutor said. "My recollection agrees with that of the state," Garcia said.

(Excerpt) Read more at keysnet.com ...


TOPICS: News/Current Events
KEYWORDS: banglist

1 posted on 08/20/2011 7:28:30 PM PDT by Free ThinkerNY
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To: Free ThinkerNY

Should be easy to beat depending on the information he gave the police.

If you have the gun in a case then its not concealed. Only if you have the gun on your person is it considered concealed.

For example you can have a gun in the closed glove box or in a zippered case under the seat.


2 posted on 08/20/2011 7:32:43 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Free ThinkerNY

Politics is why this guy is charged.

makes you kinda wonder who is putting the pressure on the court.


3 posted on 08/20/2011 7:32:46 PM PDT by Venturer
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To: Free ThinkerNY

Impeach the commie judge and give him 24 hours to leave America and sail for North Korea.


4 posted on 08/20/2011 7:40:47 PM PDT by sergeantdave
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To: Free ThinkerNY

BULLCRAP!

This is straight up judicial incompetence! Florida’s concealed carry laws are irrelevant here. The story says he was bicycling while armed. Florida law states you may carry a weapon concealed “by means of private conveyence” without any need for a permit. The law makes no distinction between a pick-up truck, and a skateboard. Furthermore, the right to carry a weapon in your vehicle LONG predates any laws relating to CCW permit.

The only limitation to the above statute is the weapon can not be “immediately accessable,” as in sitting on the seat next to you.

The judge is doubling down to save face.


5 posted on 08/20/2011 7:59:23 PM PDT by papertyger
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To: Free ThinkerNY

I am a Monroe County resident, and I’d like to be on the jury.

;-)


6 posted on 08/20/2011 8:01:16 PM PDT by GladesGuru (In a society predicated upon freedom, it is necessary to examine principles.)
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To: papertyger

For a papertyger, you certainly have long legal fangs!

Thanks for a most interesting perspective on this case.


7 posted on 08/20/2011 8:03:22 PM PDT by GladesGuru (In a society predicated upon freedom, it is necessary to examine principles.)
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To: GladesGuru

A letter to the editor might not be a bad idea. This judge is obviously unaware of the relevant statutes that would supercede his ruling if he had a clue.


8 posted on 08/20/2011 8:06:52 PM PDT by papertyger
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To: Free ThinkerNY

Why don’t these bastard attorneys and prosecutors and judges go find a REAL CRIMINAL to prosecute???


9 posted on 08/20/2011 8:10:04 PM PDT by ZULU (McConnell and Boehner are the Judas and Ephialtes of the 21st Century)
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To: Free ThinkerNY

Heads up to all residents in CCW states. Never let a law get passed which makes simply carrying a weapon without a CCW permit a felony. At most, carrying without the permit with no concurrent offense or no legal disability for possession should only be a minor misdemeanor punishable only by a low dollar amount fine. Anything else and a miscarriage of justice such as the above will occur.


10 posted on 08/20/2011 8:10:44 PM PDT by RicocheT (Eat the rich only if you're certain it's your last meal)
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To: GladesGuru

I have very little tolerance for petty judicial tyrants trying to avoid exculpatory evidence.


11 posted on 08/20/2011 8:19:10 PM PDT by papertyger
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To: RicocheT

There are already a number of states where it is illegal to carry a firearm without a permit.


12 posted on 08/20/2011 8:38:45 PM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: Free ThinkerNY

He should be punished for taking a .32 to a gun fight.

;O)


13 posted on 08/20/2011 8:44:53 PM PDT by BigCinBigD
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To: Free ThinkerNY

>>that while Correa legally fired a .32-caliber handgun at an attacker, “that does not decriminalize the prior action” of carrying the weapon while riding his bicycle through the community.<<

How can one legally do something with an object he can’t legally possess? Smoking marijuana is legal, but possessing it isn’t?


14 posted on 08/20/2011 8:47:46 PM PDT by 1L
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To: Free ThinkerNY

Open carry. On “CCW,” reserve our 2nd Amendment right exclusively for cronies of sheriffs, local administrators and the like, then you’ll lose it for yourselves, too, in the near future. And if you can’t see the likely economic collapse ahead along with the possibilities to follow that event, think again. Everyone who hasn’t recently been convicted of any violent crime and isn’t presently and obviously a threat to any other innocent person has that 2nd Amendment right.

Open carry, until every cowardly snob gets accustomed to it.


15 posted on 08/20/2011 9:23:16 PM PDT by familyop (Behold the genius in contemporary political speech.)
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To: familyop

Open carry is against the law in Florida - at the moment now and the moment then.


16 posted on 08/20/2011 9:33:05 PM PDT by NonValueAdded (Murray / Baucus / Kerry / Upton / Clyburn? I've had better picks come out of my nose.)
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To: papertyger

If the trailer park/resort doesn’t have a gun ban and he was on the trailer resort property, I don’t think the charge should be relevant at all.


17 posted on 08/20/2011 10:46:16 PM PDT by smokingfrog ( sleep with one eye open ( <o> ---)
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To: RicocheT

Too late for New York. Possession of a concealed firearm in public is a felony. Or do we not count as a CCW state because we’re “may-issue”?


18 posted on 08/21/2011 3:29:43 PM PDT by 10thAmendmentGuy
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To: 10thAmendmentGuy

I meant to say that possession of a concealed firearm in public WITHOUT a carry license is a felony.


19 posted on 08/21/2011 3:30:30 PM PDT by 10thAmendmentGuy
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To: NonValueAdded

>Open carry is against the law in Florida - at the moment now and the moment then.

If the act of carrying concealed may be regulated (ie CCW permits) then it may be denied; if it may be denied and open carry is not allowed then how can one have a Constitutionally guaranteed right to BEAR arms?

18 USC 242 is probably applicable here.


20 posted on 08/22/2011 11:07:15 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Free ThinkerNY

A coment on my case.on head news JUDGE RULES SELF DEFENSE IN SHOOTING. august 19 and 20 my case was dismissed and immune from prosecution. based on the THE STAND YOUR GROUND LAW.I have the courts CD of the rulling on my case apri 25 2011 send by the department of court reporters office...MY E-MAIL.COMETACANVASAWNINGS@YAHOO>COM


21 posted on 08/27/2011 8:37:03 PM PDT by correajustice
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To: papertyger

thanks for your posetive coments on my case. a letter to the editor is on the way.


22 posted on 08/27/2011 9:25:15 PM PDT by correajustice
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To: sergeantdave

AM WITH YOU ON THAT ONE


23 posted on 08/30/2011 3:00:58 AM PDT by correajustice
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To: Venturer

I WONDER THE SAME TOO


24 posted on 08/30/2011 3:01:27 AM PDT by correajustice
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To: sergeantdave

your sending him to close


25 posted on 08/30/2011 3:01:37 AM PDT by correajustice
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To: Free ThinkerNY

the truth here is that this case on april 25 2011 was conpleat dismissed of all charges not count 1 and 3 and it was immuned from procecution and there is proof. as on the courts documents register of action shows case close and counts 123 dismmised. plus the courts CD proofs it too.


26 posted on 08/31/2011 8:08:20 PM PDT by correajustice
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