Legal Opinion

Thomas v. State

District Court of Appeal of Florida

Decided April 15, 1998No. 97-2783PublishedCited by 1 opinion

1Opinion of the Court

DAVIS, Judge.

Duane Thomas appeals his judgment of conviction and sentence for possession of a firearm by a convicted felon. He contends that the trial court erred in denying his motion for judgment of acquittal because the State failed to carry the burden of establishing that he was in knowing possession of the gun found in his hand, that the trial court did not adequately instruct the jury that the state has the burden to prove that a defendant knowingly possessed a firearm, and that the trial court erred in departing from the sentencing guidelines. Finding no error preserved for appellate…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Davis v. StateSupreme Court of Florida · 1995
  3. Jackson v. StateSupreme Court of Florida · 1994
  4. Hively v. StateDistrict Court of Appeal of Florida · 1976
  5. Neal v. StateDistrict Court of Appeal of Florida · 1997

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3Cited by1 opinion

  1. Minor v. SingletaryDistrict Court of Appeal of Florida · 1999

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