The Florida District Court of Appeal has upheld the conviction of Robert Bertagna for possession of a firearm by a convicted felon. This decision affects individuals in Florida who may face similar charges under state law. The ruling is significant as it reaffirms the legality of Florida's firearm possession laws for felons.

Bertagna was convicted after he entered a no contest plea to the charge under section 790.23 of the Florida Statutes. The court's decision, issued on November 12, 2026, confirms that the law remains in effect and that challenges to its constitutionality have not succeeded.

Background

Robert Bertagna was the appellant in this case, appealing his conviction from the Circuit Court for the Nineteenth Judicial Circuit in St. Lucie County. The case number is 562023CF000476AXXXXX. The State of Florida served as the appellee in this matter. Bertagna's conviction stemmed from his plea to possessing a firearm, a charge that is particularly serious given his status as a convicted felon.

The dispute arose when Bertagna challenged his conviction on several grounds, including claims that the statute under which he was convicted violated both the Florida Constitution and the United States Constitution. His arguments were based on previous legal precedents, which he believed supported his position. However, the court found that these challenges did not hold merit.

The Ruling

The court ruled to affirm Bertagna's conviction, stating that his arguments lacked sufficient legal basis. The opinion referenced two key cases: Nelson v. State, 195 So. 2d 853 (Fla. 1967), and Fleming v. State, 414 So. 3d 175 (Fla. 4th DCA 2025), which supported the court's decision to uphold the law. The ruling noted, "none of which have merit" in reference to Bertagna's claims.

Chief Judge Gerber, along with Judges Klingen-smith and Shepherd, concurred with the decision. The court's ruling emphasizes the importance of adhering to existing laws regarding firearm possession by individuals with felony convictions.

Impact

This ruling has significant implications for individuals with felony convictions in Florida. It reinforces the state's strict regulations regarding firearm possession and clarifies that challenges to these laws based on constitutional grounds have limited success. The decision serves as a reminder that individuals with felony records should be aware of the legal restrictions surrounding firearm ownership.

Furthermore, the ruling may deter future appeals from defendants attempting to challenge similar statutes. By affirming the conviction, the court has set a precedent that may influence how future cases involving firearm possession by felons are handled in Florida.

What's Next

Bertagna has the option to file a motion for rehearing, as the ruling is not final until such a motion is disposed of. Details were not available in the court filing regarding any related cases pending that could impact this ruling.