State v. Stewart

CRIST, Judge.

Defendant was convicted by a jury of murder in the second degree and sentenced to twenty years’ imprisonment. We affirm.

Defendant does not question the sufficiency of the evidence to support the conviction. The relevant facts may be briefly stated as follows: Defendant, his brother Marvin, victim, and the State’s witness (Stevens) all lived near the area where the crime occurred. Around 4 a.m. on November 15, 1986, upon seeing a police car approach, Marvin discarded his pistol onto a vacant lot. Thereafter he attempted to retrieve it, but could not find it, so he went home. A few…