Antonio Gibbons v. State of Florida

District Court of Appeal of Florida

Antonio Gibbons v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 2018

Docket16-5747

StatusPublished

This text of Antonio Gibbons v. State of Florida (Antonio Gibbons v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Antonio Gibbons v. State of Florida, (Fla. Ct. App. 2018).

Pincite

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D16-5747 _____________________________

ANTONIO GIBBONS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. ___________________________

On appeal from the Circuit Court for Leon County. Robert R. Wheeler, Judge.

March 22, 2018

PER CURIAM.

Appellant, Antonio Gibbons, contends the trial court erred in denying his motion for judgment of acquittal as to the count of possession of a firearm by a convicted felon. He has not challenged his remaining convictions. Appellant asserts the State failed, due to insufficient evidence of his prior convictions, to satisfy its burden of presenting a prima facie case on the felon-in-possession count. Upon consideration of the State’s confession of error, we reverse and remand. The trial court is instructed to vacate the judgment and sentence on the conviction for possession of a firearm by a convicted felon, and to resentence consistent with a new scoresheet.

REVERSED, and REMANDED with instructions.

JAY, WINSOR, and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Candice K. Brower, Regional Counsel, and Melissa J. Ford, Assistant Conflict Counsel, for the Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D16-5747 _____________________________

ANTONIO GIBBONS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. ___________________________

On appeal from the Circuit Court for Leon County. Robert R. Wheeler, Judge.

March 22, 2018

PER CURIAM.

Appellant, Antonio Gibbons, contends the trial court erred in denying his motion for judgment of acquittal as to the count of possession of a firearm by a convicted felon. He has not challenged his remaining convictions. Appellant asserts the State failed, due to insufficient evidence of his prior convictions, to satisfy its burden of presenting a prima facie case on the felon-in-possession count. Upon consideration of the State’s confession of error, we reverse and remand. The trial court is instructed to vacate the judgment and sentence on the conviction for possession of a firearm by a convicted felon, and to resentence consistent with a new scoresheet.

REVERSED, and REMANDED with instructions.

JAY, WINSOR, and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Candice K. Brower, Regional Counsel, and Melissa J. Ford, Assistant Conflict Counsel, for the Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.

Cite This Page — Counsel Stack

Bluebook (online)

Antonio Gibbons v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antonio-gibbons-v-state-of-florida-fladistctapp-2018.