Supreme Court of Florida

Charles Paul v. State of Florida

April 11, 20132013 Fla. LEXIS 2885

Summary

The court held that shooting into an occupied vehicle under section 790.19 necessarily involves the use or threat of physical force or violence against an individual and therefore qualifies as a forcible felony under the prison releasee reoffender sentencing statute. It construed the statute as creating distinct offenses for buildings, vehicles, watercraft, and aircraft, rather than one conjunctive offense. The court approved the decision below, disapproved the conflicting decision, and concluded that the rule of lenity did not apply because the statute was not genuinely ambiguous.