Wrongly Convicted Database Record
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Charge: |
Felon in possession of a firearm or ammunition |
Sentence: |
3 years probation |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Florida |
County or Region of Crime: |
Santa Rosa |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Christopher Douglas Weeks was wrongly convicted in 2013 of being a felon in possession of a firearm in Santa Rosa County, Florida on February 4, 2012. Weeks' prosecution was based on his arrest after a Florida Fish and Game Wildlife officer stopped him on state land during primitive weapon season for deer hunting. Weeks was hunting with a Traditions .50-caliber black-powder muzzleloader equipped with a scope. Weeks, had a felony conviction, but he received the rifle as a Christmas present after researching antique guns a felon could possess. The trial judge denied Weeks' motion to dismiss the charge based on two arguments: the muzzle loading antique rifle wasn't a firearm under state law, and the law was unconstitutionally vague. Christopher Weeks pled guilty on condition he could appeal the judge's ruling, and he was sentenced to three years probation. On appeal the State argued that Weeks' putting a scope on the muzzle loading rifle made it into a firearm under state law. On December 26, 2013 the Florida First District Court of Appeal unanimously reversed Weeks' conviction on the basis the state law was unconstitutionally vague because it "does not give a give adequate notice of what type of firearm may be lawfully carried by a convicted felon and, because of the imprecision, may invite arbitrary and discriminatory enforcement." (Weeks v. State, No. 1D12-3333 (1st Dist Ct. of Appeal, 12-26-2013) The State appealed. On September 22, 2016 the Florida Supreme Court by a 5-2 vote, reversed Weeks' conviction and acquitting him based on the muzzle loading rifle he possessed wasn't a firearm under state law. The Court rejected the appeals court's ruling the law was unconstitutionally vague." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 22, 2016 the Florida Supreme Court reversed Weeks' conviction and acquitting him based on the muzzle loading rifle he possessed wasn't a firearm under state law." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"State of Florida v. Christopher Douglas Weeks, 202 So. 3d 1 (Flor. Sup. Ct., 9-22-2016) (Reversing Weeks' conviction and acquitting him based on the muzzle loading rifle he possessed wasn't a firearm under state law.)" |
Information Location 1: |
http://www.floridasupremecourt.org/decisions/2016/sc14-1856.pdf |
Information Source 2: |
"Court reverses conviction of felon who was hunting with replica antique, By Chris Eger, Guns.com, September 23, 2016" |
Information Location 2: |
http://www.guns.com/2016/09/23/court-reverses-conviction-of-felon-who-was-hunting-with-replica-antique/ |
Information Source 3: |
"Weeks v. State, 146 So. 3d 81 (Fla. Dist. Court of Appeals, 1st Dist. 2014) (Reversing conviction. Reversal affirmed on different grounds by the State Supreme Court, after the State appealed.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=12346257282781930857&hl=en&as_sdt=5,48&sciodt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org