McGee v. State

District Court of Appeal of Florida

McGee v. State

903 So. 2d 1041, 2005 Fla. App. LEXIS 9380, 2005 WL 1412095

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 2005

DocketNo. 5D04-2654

StatusPublished

Cited by1 cases

This text of 903 So. 2d 1041 (McGee 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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McGee v. State, 903 So. 2d 1041, 2005 Fla. App. LEXIS 9380, 2005 WL 1412095 (Fla. Ct. App. 2005).

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Opinion

ORFINGER, J.

We affirm James McGee’s convictions of aggravated assault with a deadly weapon and possession of a firearm by a convicted felon. Although no weapon or firearm was recovered, and, consequently, none was introduced as evidence at trial, sufficient testimony was presented from which the jury could reasonably conclude that McGee possessed a firearm during the commission of these offenses. Flowers v. State, 738 So.2d 412 (Fla. 5th DCA 1999); Butler v. State, 602 So.2d 1303 (Fla. 1st DCA 1992).

AFFIRMED.

SAWAYA, C.J. and PLEUS, J., concur.

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ORFINGER, J.

We affirm James McGee’s convictions of aggravated assault with a deadly weapon and possession of a firearm by a convicted felon. Although no weapon or firearm was recovered, and, consequently, none was introduced as evidence at trial, sufficient testimony was presented from which the jury could reasonably conclude that McGee possessed a firearm during the commission of these offenses. Flowers v. State, 738 So.2d 412 (Fla. 5th DCA 1999); Butler v. State, 602 So.2d 1303 (Fla. 1st DCA 1992).

AFFIRMED.

SAWAYA, C.J. and PLEUS, J., concur.

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903 So. 2d 1041, 2005 Fla. App. LEXIS 9380, 2005 WL 1412095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgee-v-state-fladistctapp-2005.

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