JAMES HENRY THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant was found guilty by a jury on two counts: (1) carrying a concealed weapon, and (2) unlawful possession of a firearm by a convicted felon. He was adjudged guilty on both counts but was sentenced only upon the second count. On this appeal, he challenges the sufficiency of the evidence to support the conviction.
The defendant’s testimony was that he had just taken the gun from another who had threatened defendant with the gun. Defendant’s version of the facts was refuted by testimony that he denied to police officers that he had a gun and the fact that the gun was concealed in the small of his back. The judgment is, therefore, affirmed. See Davidson v. State, 99 Fla. 732, 127 So. 342 (1930); Duncomb v. State, 237 So. 2d 86 (Fla.3d DGA 1970).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thorpe v. State, 377 So. 2d 221 (Fla. 1st DCA 1979)…fence, then climbed over the fence again and threw the pistol into the street. At that point the officer ordered appellant to halt and lay down in the middle of the street, which he did. The defense raised by the convicted felon in Thomas v. State, 348 So. 2d 635 (Fla. 1st DCA 1977), was that he had just taken the gun from another person who had threatened him with it. Testimony of the police was that defendant denied he had the gun, and that the gun was concealed in the small of defendant’s back. The affirm…
Authorities Cited
- Davidson v. State, 99 Fla. 732 (Fla. 1930)
- Gus Duncomb v. State, 237 So. 2d 86 (Fla. 3d DCA 1970)