State v. McGhee

The State asserts that the trial court erred in granting Appellee Jalonie McGhee’s Motion for Arrest of Judgment and to Dismiss based on an inconsistent verdict and this Court’s opinion in Gerald v. State, 132 So.3d 891 (Fla. 1st DCA 2014). Because the verdict is not inconsistent and Gerald is distinguishable, we reverse and remand with instructions to reinstate the jury’s verdict and proceed with sentencing.

Mr. McGhee was charged by information with aggravated assault, among other things, arising from an altercation in which he allegedly threatened the victim with an old, black gun, or…