Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

A firearm aggravates any felony charge within the state of Florida. Aggravation of a felony by carrying a firearm specifically is covered by 775.087(1) and relates to the jury making what is known as a specific or special finding. The instruction states that if you find that the defendant committed one of a long list of felonies, and they are accused of carrying a firearm, there must be two findings: that the defendant indeed committed the felony, and also either displayed, carried, used or even attempted to use a firearm. There is also a definition as to what a firearm is contained in the instruction. It goes on to say, “If you find the defendant committed the felony listed in 775087(1) but you are not convicted beyond a reasonable doubt that they either carried, displayed or used a firearm, then the jury is instructed only to find them guilty of the felony but not with the firearm.”

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

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