Florida District Courts of Appeal, 2005

McGee v. State

McGee v. State
Florida District Courts of Appeal · Decided June 17, 2005 · Orfinger, Pleus, Sawaya
903 So. 2d 1041; 2005 Fla. App. LEXIS 9380; 2005 WL 1412095 (Southern Reporter, Second Series)

McGee v. State

Opinion of the Court

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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