GERALD MCKIRE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992)
  …utomatic pistol from under his shirt and [*1306] threatened to “blow [one victim’s] head off” and to “blow [the other victim’s] brains out” was legally sufficient to sustain guilty verdicts of armed robbery with a firearm. See also O’Brien v. State, 546 So. 2d 32 (Fla. 3d DCA 1989) (testimony of victim that defendant lifted his shirt to reveal the handle of a gun sufficient); Meyer v. State, 498 So. 2d 554 (Fla. 4th DCA 1986) (testimony of victim that defendant pointed what appeared to be a dark-colored .45-…
• J.T.R. v. State, 901 So. 2d 409 (Fla. 3d DCA 2005)
  …PER CURIAM. Affirmed. See O’Brien v. State, 546 So. 2d 32 (Fla. 3d DCA 1989) (stating that where the robbery victim testified that the defendant had lifted his shirt thereby revealing the handle of a gun protruding from his waistband, but admitted that she had only seen guns in movies, the extent of the wi…
• Thompson v. State, 748 So. 2d 394 (Fla. 1st DCA 2000)
  …that the victim in the subject case may not have had military training, as in Clark, would not have precluded the jury from relying on the victim’s testimony here to establish that appellant carried a weapon during the robbery. In O’Brien v. State, 546 So. 2d 32. (Fla. 3d DCA 1989), a case we conclude is indistinguishable from the instant case, the court held the evidence to have been sufficient to go to the jury on the question of whether a gun had been used during a robbery where the victim had testified…

Authorities Cited

• Smith v. State, 515 So. 2d 182 (Fla. 1987)
• Zayre Corp. v. Bryant, 528 So. 2d 516 (Fla. 3d DCA 1988)
• McFADDEN v. State, 529 So. 2d 351 (Fla. 1st DCA 1988)
• Murray v. State, 512 So. 2d 1136 (Fla. 2d DCA 1987)