WALTER J. ROSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was convicted of violating, F. S., Section 790.23, F.S.A., which makes unlawful the “care, custody, possession or control” of any firearm by a convicted felon. He contends on appeal that the state did not prove him guilty beyond a reasonable doubt because the evidence was insufficient to support a conviction. We disagree.
Appellant was arrested at the premises of another which was entered by police pursuant to a search warrant. At his non-jury trial, a police officer testified that upon entry he observed the appellant seated on the floor with his hand on a pillow. The officer stated that he witnessed a fellow officer uncover a firearm beneath the same pillow where the appellant’s hand rested. Appellant argues that these circumstances fail to prove that he had physical or constructive possession of the firearm, or that he knew of its presence. We think the evidence clearly was sufficient to prove appellant exercised “care, custody, possession or control” of the firearm. Wood v. State, Fla.App.1970, 230 So. 2d 484; see also, Maloney v. State, Fla.App. 1962, 146 So. 2d 581. The judgment appealed is affirmed.
Affirmed.
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Gellman v. State, 371 So. 2d 181 (Fla. 3d DCA 1979)…prove the element of felonious intent by circumstantial evidence, such proof must not only be consistent with guilt but also inconsistent with any other reasonable hypothesis of innocence. McGough v. State, 302 So. 2d 751 (Fla.1974); Ross v. State, 285 So. 2d 429 (Fla. 3d DCA 1973). The evidence in the case at bar reflects that Gellman obtained the consent of at least three individuals who held key management positions with respect to the day to day operation of North American Marketing (the owner of the veh…
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Torie Thompson v. State, 911 So. 2d 1252 (Fla. 4th DCA 2005)…With a sentient person who suffers no disability, being within hand’s reach of a cushion concealing a gun is sufficient direct evidence of “care, custody, possession or control” of the weapon. At least that is what the court held in Ross v. State, 285 So. 2d 429 (Fla. 3d DCA 1973). In the instance we face today, however, there is evidence that defendant was paralyzed in the lower extremities, that without assistance he could not access anything placed underneath the seat cushion on which his body rested in…
Authorities Cited
- Maloney v. State, 146 So. 2d 581 (Fla. 2d DCA 1962)
- Wood v. State, 230 So. 2d 484 (Fla. 1st DCA 1970)