Priest v. State

I agree with the majority’s conclusion that here, as in McNulty v. State,62 there is insufficient evidence to support Priest’s conviction on the charge of maintaining a vehicle. I would affirm, however, on the two PFDCF convictions.

Under settled law, the fact that the jury acquitted Priest on the predicate offenses is not dispositive. Inconsistent verdicts must be reviewed to determine whether there was sufficient evidence to support a conviction on the predicate offense. If there was, then the weapons conviction stands and the inconsistency is attributed to jury lenity. The majority has…