De Pena v. State

District Court of Appeal of Florida

De Pena v. State

652 So. 2d 1273, 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1995

DocketNo. 93-2026

StatusPublished

Cited by1 cases

This text of 652 So. 2d 1273 (De Pena v. State) 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.

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De Pena v. State, 652 So. 2d 1273, 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

This is an appeal by the defendant John De Pena from judgments of convictions and [1274]*1274sentences for (1) first-degree murder [§ 782.04(l)(a)(l), Fla.Stat. (1991)], (2) conspiracy to commit first-degree murder [§ 777.04(3), 782.04(l)(a)(l), Fla.Stat. (1991) ], and (3) display of a firearm during the commission of a felony, to wit: first-degree murder [§ 790.07(2), Fla.Stat. (1991)], which were entered below based on an adverse jury verdict. We reject, as having no merit, the defendant’s contentions on appeal that the evidence was insufficient to sustain the convictions on the murder and conspiracy counts, that an evidentiary error was committed at trial, and the jury verdicts were inconsistent. See § 90.404(2)(a), Fla.Stat. (1993); A.B.G. v. State, 586 So.2d 445 (Fla. 1st DCA 1991), cause dismissed, 605 So.2d 1261 (Fla.1992); Vieyra v. State, 562 So.2d 435 (Fla. 3d DCA 1990); Lazarowicz v. State, 561 So .2d 392 (Fla. 3d DCA 1990); Smith v. State, 507 So.2d 788, 790 (Fla. 1st DCA 1987); Shockey v. State, 338 So.2d 33 (Fla. 3d DCA 1976), cert. denied, 345 So.2d 427 (Fla.1977); McClamrock v. State, 327 So.2d 780 (Fla. 3d DCA 1975).

Affirmed.

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PER CURIAM.

This is an appeal by the defendant John De Pena from judgments of convictions and [1274]*1274sentences for (1) first-degree murder [§ 782.04(l)(a)(l), Fla.Stat. (1991)], (2) conspiracy to commit first-degree murder [§ 777.04(3), 782.04(l)(a)(l), Fla.Stat. (1991) ], and (3) display of a firearm during the commission of a felony, to wit: first-degree murder [§ 790.07(2), Fla.Stat. (1991)], which were entered below based on an adverse jury verdict. We reject, as having no merit, the defendant’s contentions on appeal that the evidence was insufficient to sustain the convictions on the murder and conspiracy counts, that an evidentiary error was committed at trial, and the jury verdicts were inconsistent. See § 90.404(2)(a), Fla.Stat. (1993); A.B.G. v. State, 586 So.2d 445 (Fla. 1st DCA 1991), cause dismissed, 605 So.2d 1261 (Fla.1992); Vieyra v. State, 562 So.2d 435 (Fla. 3d DCA 1990); Lazarowicz v. State, 561 So .2d 392 (Fla. 3d DCA 1990); Smith v. State, 507 So.2d 788, 790 (Fla. 1st DCA 1987); Shockey v. State, 338 So.2d 33 (Fla. 3d DCA 1976), cert. denied, 345 So.2d 427 (Fla.1977); McClamrock v. State, 327 So.2d 780 (Fla. 3d DCA 1975).

Affirmed.

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652 So. 2d 1273, 1995 Fla. App. LEXIS 3672, 20 Fla. L. Weekly Fed. D 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-pena-v-state-fladistctapp-1995.

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