3.3(a). Aggravation of a Felony by Carrying a Firearm

3.3(a) AGGRAVATION OF A FELONY BY CARRYING A FIREARM 775.087(1), Fla. Stat. NOTE TO JUDGE: This instruction should not be given in conjunction with the instructions pertaining to any felony in which the use of a weapon is an essential element. If you find that [name of defendant] committed [felony as identified by F.S. 775.087(1)] and you also find that during the commission of the crime the defendant hreat [carried] [displayed] [used] [threat a firearm, you should find [name of defendant] guilty of[fel ony] with a firearm. A firearm is legally defined as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime. A weapon is legally defined to meany object that could be used to cause an death or inflict srious bodily harme . If you find only that defendant committed [felony, as identified in F.S. 775.087(1)], but did not tempt to use ] a firearm, then you should find [name of defendant] guilty only of[felony] .