Desmond T. Kenner v. State

A sentence cannot stand if it is or appears to be based in part on a defendant’s decision to maintain his innocence even after being found guilty. Desmond Kenner (“Appellant”) appeals a conviction of second-degree murder with a firearm following his second jury trial on the same charges. His first conviction was reversed because of an improper jury instruction. Kenner v. State, 48 So.3d 117 (Fla. 5th DCA 2010). In the present appeal, Appellant raises four issues. We affirm his conviction and specifically affirm the denial of Appellant’s motion for judgment of acquittal, the admission of the…