BOBBIE LEE JONES, A/K/A BOBBY LEE JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Bobbie Lee Jones was convicted of aggravated assault with a firearm after shooting an unarmed man in the back of the head at his residence. Jones appealed, arguing that the jury's acquittal on the unlawful possession of a firearm charge rendered the assault conviction internally inconsistent and should be set aside or reduced to simple assault. The court affirmed the conviction, finding the verdicts were not impermissibly inconsistent.
The jury verdicts were not impermissibly inconsistent, and the aggravated assault conviction stands without modification. The not guilty verdict on the unlawful possession charge does not require reversal or reduction of the assault conviction.
[1] A jury's finding of not guilty on a charge of unlawful possession of a firearm does not require reversal or modification of a guilty verdict on an aggravated assault char…
[2] Competent, substantial evidence may support a jury's rejection of a self-defense claim and a conviction for aggravated assault with a firearm.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We find there was competent, substantial evidence in the record from which the jury could properly reject appellant's defense of self-defense and find him guilty for the offense of aggravated assault with a firearm.”
Establishes that sufficient evidence supported the conviction despite the acquittal on the firearm possession charge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJones returned home after midnight carrying a firearm and bar receipts when he encountered a man visiting his wife. Jones shot the unarmed man in the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Aggravated Assault With A Firearm cases and more on FLexlaw
PER CURIAM.
Appellant appeals from a conviction and sentence for aggravated assault with a firearm, § 784.021, Fla.Stat. (1985),1 as reduced from the charged offense of second degree murder. He contends that the jury’s finding him not guilty of unlawful possession of a firearm during the commission of a felony, § 790.07(2), Fla.Stat. (1985), a charge arising from the same criminal episode as the aggravated assault, requires that the inconsistent guilty verdict be set aside or amended by entering a conviction for simple assault. We disagree, and affirm.
Briefly stated, the relevant facts were as follows. Appellant had returned home after midnight carrying his firearm and the day’s receipts from the bar he owned, when he encountered a man who was visiting with his wife. Jones shot the unarmed man in the back of the head from a couple of feet away, as the man was trying to leave. The police were first called to the Jones residence with regard to a burglary, not an accidental shooting, and appellant turned over to the police a different gun from the one used in the shooting, demonstrating a calculated cover-up. Appellant was the only eyewitness to the shooting, which resulted in the victim’s death.
We find there was competent, substantial evidence in the record from which the jury could properly reject appellant’s defense of self-defense and find him guilty for the offense of aggravated assault with a firearm. See Randolph v. State, 290 So. 2d 69 (Fla. 3d DCA) (appellant’s statements after the killing and at trial, together with apparent concealment of murder weapon, supported conviction for aggravated assault), cert. denied, 295 So. 2d 630 (Fla.1974).
Furthermore, the jury’s verdict of not guilty on the unlawful possession of a firearm count does not, as appellant contends, require a reversal or modification of the conviction entered upon the guilty verdict on the aggravated assault count. The verdicts are not in our view impermissibly inconsistent. See Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA), review denied, 458 So. 2d 274 (Fla.1984); see also Streeter v. State, 416 So. 2d 1203, 1206 (Fla. 3d DCA 1982), and cases cited.
Affirmed.
. 784.021 Aggravated assault.—
(1) An "aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lemanuel ASH v. State, 649 So. 2d 946 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Castor v. State, 365 So. 2d 701 (Fla.1978); Jones v. State, 524 So. 2d 1058 (Fla. 3d DCA), review denied, 534 So. 2d 400 (Fla.1988).…
-
Williams v. State, 578 So. 2d 473 (Fla. 3d DCA 1991)…ssibly impose dual punishment for a single act. We conclude that the convictions are proper under section 775.021, Florida Statutes (1989) and the pre-Carawan * case of Reynolds v. State, 452 So. 2d 1018 (Fla. 3d DCA 1984). See also Jones v. State, 524 So. 2d 1058 (Fla. 3d DCA), review denied, 534 So. 2d 400 (Fla.1988). Compare Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990) (armed robbery and display of firearm while committing a felony) with Dixon v. State, 546 So. 2d 1194, 1197-98 (Fla. 3d DCA 1989)…
Authorities Cited
- Murrell Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982)
- Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA 1984)
- Levinson v. State, 290 So. 2d 69 (Fla. 3d DCA 1974)
- Randolph v. State, 290 So. 2d 69 (Fla. 3d DCA 1974)
- D. H. Johnson Co. & West-chester Fire Ins. Co. v. James Smith & the Indus. Relations Comm'n, 295 So. 2d 630 (Fla. 1974)
- Randolph v. State, 295 So. 2d 630 (Fla. 1974)