McGee v. State

District Court of Appeal of Florida

McGee v. State

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

District Court of Appeal of Florida·Decided June 17, 2005·No. No. 5D04-2654·Published·Cited by 1 cases

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.

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

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Opinion

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