ANTONIO GIBBONS
v.
STATE OF FLORIDA
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The trial court erred in denying the motion for judgment of acquittal on the felon-in-possession count because insufficient evidence of prior convictions failed to satisfy the State's burden of presenting a prima facie case.
[1] In a prosecution for possession of a firearm by a convicted felon, the State must present sufficient evidence of the defendant's prior convictions to establish a prima fa…
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Join FLexlaw to unlock all legal intelligenceAntonio Gibbons was convicted of possession of a firearm by a convicted felon and other offenses. He appealed, challenging only the firearm conviction…
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___________________________ On appeal from the Circuit Court for Leon County. Robert R. Wheeler, Judge.
March 22, 2018 PER CURIAM.
Appellant, Antonio Gibbons, contends the trial court erred in denying his motion for judgment of acquittal as to the count of possession of a firearm by a convicted felon. He has not challenged his remaining convictions. Appellant asserts the State failed, due to insufficient evidence of his prior convictions, to satisfy its burden of presenting a prima facie case on the felon-in-possession count. Upon consideration of the State’s confession of error, we reverse and remand. The trial court is instructed to vacate the judgment and sentence on the conviction for possession of a firearm by a convicted felon, and to resentence consistent with a new scoresheet.
REVERSED, and REMANDED with instructions.
JAY, WINSOR, and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.