Legal Opinion

McKinney v. State

District Court of Appeal of Florida

Decided March 18, 1983No. AK-159PublishedCited by 3 opinions

1Opinion of the Court

NIMMONS, Judge.

The appellant, convicted of possession of a firearm by a convicted felon, claims that the evidence presented at his jury trial was insufficient to establish that he was in possession of the firearm. We disagree.

The appellant was a passenger in the back seat of an automobile which was pulled over by a law enforcement officer. The driver and front seat passenger exited the vehicle whereupon the appellant exited from the back seat and, as he did so, a radio dispatcher riding with the officer saw the appellant toss a shiny object underneath the car. The officer recovered the object…

2Cases cited4 opinions

  1. Reynolds v. StateSupreme Court of Florida · 1926
  2. Jones v. StateDistrict Court of Appeal of Florida · 1975
  3. Maloney v. StateDistrict Court of Appeal of Florida · 1962
  4. State v. AplinWashington Supreme Court · 1924

3Cited by3 opinions

  1. Mungin v. StateDistrict Court of Appeal of Florida · 1984
  2. McKinney v. WainwrightDistrict Court of Appeal of Florida · 1984
  3. Ortega v. StateDistrict Court of Appeal of Florida · 1983

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