State v. Watts, 462 So. 2d 813 (Fla. 1985). · Go Syfert
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State v. Watts, 462 So. 2d 813 (Fla. 1985). Cases Citing This Book View Copy Cite
66 citation events (32 in the last 25 years) across 6 distinct courts.
Strongest positive: Stanley McGlasten a/k/a Stanley McGlaston a/k/a Catman v. State of Mississippi (miss, 2021-11-04)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Stanley McGlasten a/k/a Stanley McGlaston a/k/a Catman v. State of Mississippi
Miss. · 2021 · confidence medium
Thus, we hold that “[t]he ‘simultaneous possession’ of multiple firearms generally ‘constitutes only . . . one offense’” under Section 97-37-5(1) “unless there is evidence that the weapons were stored in different places or acquired at different times.” Hutching, 75 F.3d at 1460 (quoting United States v. Jones, 841 F.2d 1022, 1023 (10th Cir. 1988)).6 6 While we do not assert a bright-line rule for what constitutes simultaneous possession of separately stored guns, the following cases are examples in which simultaneous possession of firearms in different locations justified mult…
cited Cited as authority (rule) State v. Baker
Mo. Ct. App. · 1993 · confidence medium
State v. Watts, 462 So.2d 813, 814 (Fla.1985).
discussed Cited as authority (rule) Plowman v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
The court, relying on decisions from the federal courts, reasoned "that the term `any firearm' is ambiguous with respect to the unit of prosecution and must be treated as a single offense with multiple convictions and punishments being precluded." 462 So.2d at 814 (citations omitted).
discussed Cited "see" McNeil v. State
Fla. Dist. Ct. App. · 2015 · signal: accord · confidence high
Id. at 961 (citation omitted); accord Dicks v. State, 840 So.2d 408, 408 (Fla. 4th DCA 2003) (“[A] statute which uses the article ‘any’ is ambiguous and must therefore be construed favorably to the defendant....” (applying the holding in State v. Watts, 462 So.2d 813 (Fla.1985))).
discussed Cited "see" State v. Whaley
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See State v. Watts, 462 So.2d 813, 814 (Fla.1985) (holding that the defendant could not be charged with multiple offenses for the possession of two prison-made knives because the statute at issue addressed “any firearm or weapon” as opposed to “a firearm or weapon”); State v. Mitchell, 719 So.2d 1245, 1247 (Fla. 1st DCA 1998) (noting that the answer to what the Legislature intends the unit of prosecution to be for an offense is found by the application of the “a/any” test); see also Hill v. State, 711 So.2d 1221, 1223-25 (Fla. 1st DCA 1998) (holding that the application of the “a…
cited Cited "see" Bryan v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See State v. Watts, 462 So.2d 813 (Fla.1985); Grappin v. State, 450 So.2d 480 (Fla.1984).
cited Cited "see" Thibeault v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See State v. Watts, 462 So.2d 813 (Fla.1985).
cited Cited "see" Sanders v. Singletary
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See State v. Watts, 462 So.2d 813 (Fla.1985); Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996); Spradley v. State, 537 So.2d 1058 (Fla. 1st DCA 1989).
cited Cited "see" Pierce v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See State v. Watts, 462 So.2d 813 (Fla.1985).
cited Cited "see" C.S. v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See State v. Watts, 462 So.2d at 813-14 .
discussed Cited "see, e.g." Tonya Rennay Medders v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: compare · confidence medium
Compare Grappin v. State, 450 So. 2d 480, 482 (Fla. 1984) (holding that the term “a firearm” in a theft statute indicates one prosecution for each firearm stolen) with State v. Watts, 462 So. 2d 813, 814 (Fla. 1985) (holding that the term “any firearm or weapon” in a prison contraband statute is ambiguous, applying the rule of lenity to allow only one prosecution for the possession of two prison-made knives), and Wallace v. State, 724 So. 2d 1176, 1180 (Fla. 1998) (applying Grappin and Watts and holding that the term “any officer” in a violent arrest statute is ambiguous, allowing …
discussed Cited "see, e.g." TRAVIS MONTEZ EDWARDS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · signal: compare · confidence medium
Compare Grappin, 450 So. 2d at 482 (holding that the term "a firearm" in a theft statute indicates one prosecution for each firearm stolen) with State v. Watts, 462 So. 2d 813, 814 (Fla. 1985) (holding that the term "any firearm or weapon" in a prison contraband statute is ambiguous, applying the rule of lenity to allow only one prosecution for the possession of two prison-made knives), and Wallace v. State, 724 So. 2d 1176, 1180 (Fla. 1998) (applying Grappin and Watts and holding that the term "any officer" in a violent arrest statute is ambiguous, allowing only one prosecution for violently …
cited Cited "see, e.g." State v. Rubio
Fla. · 2007 · signal: see, e.g. · confidence low
See, e.g., State v. Watts, 462 So.2d 813 (Fla.1985).
discussed Cited "see, e.g." State v. Parrella
Fla. Dist. Ct. App. · 1999 · signal: see, e.g. · confidence low
See, e.g., State v. Watts, 462 So.2d 813 (Fla. 1985) (defendant could be charged with only one count of possession of contraband in a correctional institution where prohibited article was described as "any ... weapon"); Grappin v. State, 450 So.2d 480 (Fla. 1984) ("unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment" because the statute modifies the term "firearm" with the article "a" denoting legislative intent to "make each firearm a separate unit of prosecution"); Campbell v. State, 586 So.2d 84 (Fla. 4th DCA 1991) ("whe…
discussed Cited "see, e.g." Thomas v. State
Fla. Dist. Ct. App. · 1994 · signal: compare · confidence low
Compare State v. Watts, 462 So.2d 813 (Fla. 1985) (defendant's possession of two knives in prison was a single offense where statute proscribed possession of "any firearm") with Grappin v. State, 450 So.2d 480 (Fla. 1984) (theft of five guns was five offenses where statute proscribed theft of "a firearm").
discussed Cited "see, e.g." Johnson v. State
Fla. Dist. Ct. App. · 1986 · signal: compare · confidence low
Compare Grappin v. State, 450 So.2d 480 (Fla. 1984) (use of article "a" in reference to theft of firearms under section 812.014(2)(b)3 indicated legislative intent to allow multiple punishments for stealing a number of firearms from one person at the same time), with State v. Watts, 462 So.2d 813 (Fla. 1985) (use of word "any" in section 944.47 regarding possession of firearms in correctional institutions established legislative intent of single prosecution).
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Willie WATTS, Respondent.
64629.
Supreme Court of Florida.
Jan 17, 1985.
462 So. 2d 813
Per Curiam.
Cited by 43 opinions  |  Published

Jim Smith, Atty. Gen., and Richard A. Patterson and Gary L. Printy, Asst. Attys. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and Charlene V. Edwards, Asst. Public Defender, Tallahassee, for respondent.

PER CURIAM.

We have for review Watts v. State, 440 So.2d 505 (Fla. 1st DCA 1983), which expressly and directly conflicts with decisions of other district courts of appeal and this Court. Art. V, § 3(b)(3), Fla. Const.

Defendant was adjudged guilty and concurrently sentenced on two counts of possession of prisonmade knives. The First District Court of Appeal held that Watts was adjudged guilty on one count too many. We agree, but for different reasons.

The district court noted that defendant's possession of two knives was simultaneous in time and essentially simultaneous in space and therefore the multifaceted offense must result in a single prosecution sentence. In so holding the court adopted the "chronological and special relationships" test espoused by the Fifth District Court of Appeal in Castleberry v. State, 402 So.2d 1231 (Fla. 5th DCA 1981), to determine whether a multifaceted offense may result in a single or multiple prosecution unit. Watts v. State, 440 So.2d 505, 511 (Fla. 1st DCA 1983). The court explicitly refused to apply the reasoning used by the Second District Court of Appeal in State v. Grappin, 427 So.2d 760 (Fla. 2d DCA 1983), to determine whether a defendant can be convicted of two offenses for two acts which violate one statute. Id. at 510. However, subsequent to the First District Court of Appeal decision in Watt, we adopted both the result and reasoning of the Second District Court of Appeal in Grappin. Grappin v. State, 450 So.2d 480 (Fla. 1984). Thus we must apply the rational of Grappin to the case at bar.

In Grappin, we held that the unlawful taking of two or more firearms during the same criminal episode is subject to separate prosecution and punishment under the theft statute as to each firearm taken. Grappin was prosecuted under section 812.014(2)(b)(3), Florida Statutes (1981), which reads as follows:

(b) It is grand theft of the second degree and a felony of the third degree, punishable as provided in §§ 775.082, 775.083 and 775.084, if the property stolen is:
3. A firearm.

(Emphasis supplied.) We reasoned that Grappin may be charged in a five-count information with five thefts because the article "a" prefaced firearm. We noted that the use of the article "a" in reference to "firearm" in section 812.014(2)(b)3 clearly shows that the legislature intended to[*814] make each firearm a separate unit of prosecution. Id. at 482. We specifically contrasted the article "a" with the article "any" by pointing out that federal courts have held that the term "any firearm" is ambiguous with respect to the unit of prosecution and must be treated as a single offense with multiple convictions and punishments being precluded. 450 So.2d at 482 citing United States v. Rosenbarger, 536 F.2d 715 (6th Cir.1976), cert. denied, 431 U.S. 965, 97 S.Ct. 2920, 53 L.Ed.2d 1060 (1977); United States v. Kinsley, 518 F.2d 665 (8th Cir.1975).

Applying the rationale of Grappin to the instant case, it is apparent that Watt can only be charged with one count of possession of contraband. Watt has prosecuted under section 944.47, Florida Statutes (1981), which provides in relevant part:

(1)(a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to take or attempt to take or send therefrom, any of the following articles which are hereby declared to be contraband for the purposes of this section, to wit:
.....
5. Any firearm or weapon of any kind or any explosive substance.
.....
(c) It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution.
(2) Whoever violates any provision of this section is guilty of a felony of the third degree... .

(Emphasis supplied.) Thus applying the a/any test of Grappin, we conclude that Watt may not be charged with multiple offenses for the possession of two prisonmade knives.

For the reasons expressed, we approve of the decision of the district court.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.

ADKINS, J., concurs with an opinion.

ADKINS, Justice, concurring.

The Court correctly holds that Watts is not subject to separate prosecution (and punishment) for the unlawful possession of two prisonmade knives under section 944.47(1)(c), Florida Statutes. However, I disagree with the Court's reasoning used to support this conclusion. The article which prefaces a respective item of property in a given statute should not be determinative.

Rather than rely on the legislature's choice of "a" or "any", I would follow the "chronological and special relationships" test to determine whether a multifaceted offense may result in a single or multiple sentence. Watts possessed two prisonmade knives during the same time and space and therefore is not subject to separate prosecutions.