DAVID L. EPPS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Affirmed conviction for possession of a short-barreled shotgun where evidence supported guilt, with judgment amended to correct erroneous plea notation.
The trial court did not err in denying the defendant's motion for judgment of acquittal because the state presented sufficient evidence of possession of the short-barreled shotgun.
[1] A trial court does not err in denying a motion for judgment of acquittal when the state presents sufficient evidence to support a conviction for possession of a short-bar…
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Join FLexlaw to unlock all legal intelligenceDavid L. Epps was convicted of possession of a short-barreled shotgun and sentenced to three years imprisonment less jail time served. The trial court…
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This appeal is by the defendant below from conviction of possession of a short-barreled shotgun, for which he was sentenced to imprisonment for three years less certain jail time served.1 The question presented in the brief of the appellant is: “Whether the trial court erred in denying the defendant’s motion for a judgment of acquittal because the state failed to prove that the defendant had possession of the shotgun.” On consideration thereof in the light of the record and briefs we hold, on the evidence presented, that the challenged ruling of the trial court was not error, and that the judgment should be affirmed.
We note, however, the judgment entered by the trial court recited that the defendant David L. Epps pleaded guilty to the charge in question, whereas the record shows his conviction was based on a trial before the court after a plea of not guilty. Accordingly, the judgment is hereby amended to delete therefrom the statement that the defendant pleaded guilty, and by substituting therefor the statement that said David L. Epps was tried before the court and found guilty of possession of a short-barreled shotgun. As so amended the judgment appealed from is affirmed.
(dissenting).
I would reverse because in my view evidence as to possession was entirely lacking. Arant v. State, Fla.App.1972, 256 So.2d 515; Kirtley v. State, Fla.App. 1971, 245 So.2d 282; Langdon v. State, Fla.App. 1970, 235 So.2d 321.
PEARSON, Judge
(dissenting).
I would reverse because in my view evidence as to possession was entirely lacking. Arant v. State, Fla.App.1972, 256 So. 2d 515; Kirtley v. State, Fla.App. 1971, 245 So. 2d 282; Langdon v. State, Fla.App. 1970, 235 So. 2d 321.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arant v. State, 256 So. 2d 515 (Fla. 1st DCA 1972)
- Langdon v. State, 235 So. 2d 321 (Fla. 3d DCA 1970)
- McKEE v. Gov't Emps. Ins. Co., 245 So. 2d 282 (Fla. 3d DCA 1971)