Actual Case Law: 24 months prison for CCF [Archive] - Glock Talk

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Mr. Blandings
07-04-2009, 12:11
Once again, I cannot say it enough - if you live in Florida and have an interest in firearms, weapons or self defense acquire and maintain a concealed carry permit!

Read attorney Jon Gutmacher's latest blog entry:
Hannum v State - CCF What Went Wrong. (http://orlandocriminallawyer.blogspot.com/2009/06/hannum-v-state-ccf-what-went-wrong.html)

The actual @nd DCA opinion reversing the sentence can be read >here< (requires Adobe Acrobat / .pdf file) (http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2009/June/June%2005,%202009/2D07-5280.pdf).

Hannum's 2006 booking info. (http://www.pcsoweb.com/InmateBooking/SubjectResults.aspx?id=1173768) This is from the day of the initial arrest.
Hannum's 2007 booking info. (http://www.pcsoweb.com/InmateBooking/SubjectResults.aspx?id=1268238) This would be from the day he was convicted in court and held pending transport to Dept of Corrections.
Hannum's release info from Dept of Corrections. (http://www.dc.state.fl.us/InmateReleases/detail.asp?Bookmark=1&From=list&SessionID=918692490)

Although the trial court's sentence of 24 months in prison was overturned and remanded for a new sentencing trial by the 2nd DCA Mr. Hannum has already been in custody since September 18, 2007 (at Pinellas County Jail, where he was held until for a month until October 16th, 2007 when he was transferred to DOC) through May 29th, 2009. So Mr. Hannum has been locked up for the better part of 23 months (although DOC will only reflect 22 months since 1 month was in county jail). Having a 24 month sentence overturned after you've already served 22-23 months is a rather Pyrrhic victory.

The FELONY conviction for carrying a concealed firearm still stands, so Mr. Hannum will forever be a convicted felon. No more firearms. Mandatory registration with the Sheriff of any county in Florida he moves to, and a major impact on his employability.

I'll also point out that this conviction and sentence took place after the effective date of Florida's so-called "Stand Your Ground" law. Reading the DCA's opinion reveals that Mr. Hannum was threatened, left the area to go to apartment so he could call 911 and arm himself, then he returned to the confrontation. Mr. Hannum was arrested and convicted despite having told the 911 operator he had a gun and telling the responding LEO he had a gun - and by all accounts having had the gun out & pointed at the other party for some amount of time. The arrest was based on the LEO's statement that Mr. Hannum's shirt covered the derringer at the time of contact. Mr. Hannum disputed this, but in this "he said / she said" situation the original trial court went with the LEO's statement.

mac59
07-04-2009, 17:20
I would think that the bigger problem was that he armed himself and returned which implyed that he got away from an altercation. If he could go home and call 911 he should have stayed there and waited on the police.

10-65
07-05-2009, 19:18
I would think that the bigger problem was that he armed himself and returned which implyed that he got away from an altercation. If he could go home and call 911 he should have stayed there and waited on the police.

First thing that crossed my mind. Giving the appearance of "bringing the fight back out to the scene" with a gun, whether or not truly justifiable for defense of himself or others whose lives were threatened, is asking for trouble from a not so pro-leaning 2nd amendment judge or jury.

Meddle in such grey areas, expect the ride to be anything but Club Med.

jclawson
08-17-2009, 16:03
he should never have returned to the scene,

ArmaGlock
09-01-2009, 07:52
That's a tough one....If the guy was just drunk raising hell and throwing beer bottles, let him be and call the cops. If he's got his hands on someone bashing them over the head with a beer bottle or is armed with another type of weapon, then by all means take your gun and go handle business if you feel obligated to do so. He would have probably been okay in that case. Sounds like the guy was just being a drunk *******. Still not sure I see why the officers bothered with CCF unless there was more to the story...

noway
09-06-2009, 18:27
I would think that the bigger problem was that he armed himself and returned which implyed that he got away from an altercation. If he could go home and call 911 he should have stayed there and waited on the police.

bingo

If he would stay in his safe adobe, he wouldn't been charge or have to go thru this nonsense.

jclawson
09-12-2009, 17:39
He should have stayed in his abode .. he escalated the situation by returning to the scene

Claw