NORRIS NELSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Norris Nelson was convicted of four counts of aggravated assault with a firearm on a law enforcement officer and one count of resisting arrest. On appeal, he challenged the sufficiency of evidence that he knew the officers were law enforcement, but the court affirmed, finding sufficient evidence from which a jury could infer he knew their status.
The trial court properly submitted the issue to the jury because sufficient competent evidence existed from which the jury could infer that Nelson knew the detectives were police officers. The court affirmed the conviction.
[1] A trial court must deny a motion for judgment of acquittal unless the evidence, viewed favorably to the State, cannot sustain a conviction under the law.
[2] In circumstantial evidence cases, a judgment of acquittal is appropriate only if the State fails to present evidence from which a jury can exclude every reasonable hypoth…
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Join FLexlaw to unlock all legal intelligence“courts should not grant a motion for judgment of acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.”
Establishes the standard for reviewing motions for judgment of acquittal
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Join FLexlaw to unlock all legal intelligenceOn March 4, 1997, detectives observed Nelson entering a vehicle with a rifle. They pursued him in an unmarked vehicle with a blue police light. Nelson…
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RAMIREZ, J.
Norris Nelson appeals his conviction and sentence for four counts of aggravated as sault with a firearm on a law enforcement officer and one count of resisting arrest without violence. He was sentenced as a habitual felony offender to thirty years in state prison. The only issue Nelson raises is' that the evidence was insufficient for a jury to conclude that he knew that the officers were in law enforcement, an essential element of the offense. We hold that the trial court properly submitted the issue to the jury and, therefore, affirm.
On March 4,1997, Detectives Garcia and Aleman were driving in an unmarked vehicle when Garcia saw Nelson enter a vehicle with a rifle in his hand. Garcia followed Nelson, mounted a blue police light on the dashboard of the unmarked police vehicle, and tried unsuccessfully to have the suspect vehicle pull over. At one point, Nelson’s vehicle stopped, Nelson exited the vehicle with a rifle in his hand, and took off running. The detectives attempted to follow Nelson on foot. They were dressed in plainclothes, but Detective Aleman was wearing a T-shirt with a printed police badge on the front and “Police” printed in large letters on the back. At this point, Nelson stopped, turned around, aimed his rifle toward the detectives, and attempted to fire at them. While these detectives took cover, Nelson fled toward Detectives Dominguez and Miller, who had responded to the radio transmission alert. Dominguez and Miller were also wearing plainclothes, and their unmarked vehicle had its blue police light flashing on the vehicle’s dashboard. When Dominguez and Miller spotted Nelson, Nelson pointed his rifle at them. Shortly thereafter, Nelson was apprehended after he boarded a bus. During the chase, Nelson discarded the rifle.
Nelson moved for a judgment of acquittal on the ground that there was insufficient evidence that he knew the detectives were police officers. The court denied the motion, holding that this was a jury question. We agree.
The rule for reviewing a motion for judgment of acquittal was established in Lynch v. State, 293 So. 2d 44 (Fla.1974), which stated that:
[C]ourts should not grant a motion for judgment of acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.
Id. at 45. In circumstantial evidence cases, “a judgment of acquittal is appropriate if the State fails to present evidence from which the jury can exclude every reasonable hypothesis except that of guilt.” Barwick v. State, 660 So. 2d 685, 694 (Fla.1995). Therefore, at the outset, “the trial judge must first determine there is competent evidence from which the jury could infer guilt to the exclusion of all other inferences.” Id. After the judge determines, as a matter of law, whether such competent evidence exists, the “question of whether the evidence is inconsistent with any other reasonable inference is a question of fact for the jury.” Long v. State, 689 So. 2d 1055, 1058 (Fla.1997); see also State v. Law, 559 So. 2d 187, 188-89 (Fla.1989) (applying circumstantial evidence rule to determination of motion for judgment of acquittal). On review, the appellate court must view the conflicting evidence in a light most favorable to the state. Peterka v. State, 640 So. 2d 59, 68 (Fla.1994). A jury’s verdict will not be overturned on appeal as long as competent, substantial evidence supports it. Woods v. State, 733 So. 2d 980, 985 (Fla.1999).
We consider the blue lights on two different vehicles in conjunction with a concerted effort by four men to apprehend Nelson, with one of them wearing a T-shirt with police markings, sufficient to support the jury’s verdict.
Nelson relies heavily on People v. Estrella, 31 Cal.App.4th 716, 37 Cal.Rptr.2d 383 (1995). But that case involved an entirely different statutory scheme. The defendant was accused of fleeing a peace officer and the statute specifically required the peace officer’s vehicle to be “distinc tively marked.” In the instant case, section 784.07(2)(c), Florida Statutes (1997) reclassifies aggravated assault from a third-degree felony to a second-degree felony when the assault is committed upon a law enforcement officer. The only requirement is that the defendant know of the victim’s status as a law enforcement officer. See Thompson v. State, 695 So. 2d 691, 692 (Fla.1997).
Affirmed.
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Jones v. State, 790 So. 2d 1194 (Fla. 1st DCA 2001)…able inferences from the evidence in a light most favorable to the state. See, e.g., Woods v. State, 733 So. 2d 980 (Fla.1999); Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000); Wallace v. State, 764 So. 2d 758 (Fla. 2d DCA 2000); Nelson v. State, 753 So. 2d 648 (Fla. 3d DCA 2000). This is a correct statement of the standard of review, but it is also the same standard the trial court must apply in ruling on the motion initially. By applying the same standard, the appellate courts are, in effect, reviewing t…
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Emerson J. Pinkney v. State, 74 So. 3d 572 (Fla. 2d DCA 2011)…f aggravated assault. On the contrary, such threats in an attempt to elude apprehension are quintessential examples of aggravated assault on a law enforcement officer. See, e.g., Williams v. State, 597 So. 2d 377 (Fla. 2d DCA 1992); Nelson v. State, 753 So. 2d 648 (Fla. 3d DCA 2000); Wallace v. State, 688 So. 2d 429 (Fla. 3d DCA 1997); McGee v. State, 687 So. 2d 22 (Fla. 5th DCA 1996); Mitchell v. State, 611 So. 2d 1269 (Fla. 3d DCA 1992).…
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Jones v. State, 912 So. 2d 686 (Fla. 1st DCA 2005)…able inferences from the evidence in a light most favorable to the state. See, e.g., Woods v. State, 733 So. 2d 980 (Fla.1999); Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000); Wallace v. State, 764 So. 2d 758 (Fla. 2d DCA 2000); Nelson v. State, 753 So. 2d 648 (Fla. 3d DCA 2000). This is a correct statement of the standard of review, but it is also the same standard the trial court must apply in ruling on the motion initially. By applying the same standard, the appellate courts are, in effect, reviewing t…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- Woods v. State, 733 So. 2d 980 (Fla. 1999)
- Barwick v. State, 660 So. 2d 685 (Fla. 1995)
- Thompson v. State, 695 So. 2d 691 (Fla. 1997)
- Peterka v. State, 640 So. 2d 59 (Fla. 1994)
- Long v. State, 689 So. 2d 1055 (Fla. 1997)