Legal Opinion

West v. State

District Court of Appeal of Florida

Decided September 22, 2011No. 1D10-3704PublishedCited by 2 opinions

1Per curiam

Appellant, Stanley West, appeals his conviction and sentence for possession of a firearm by a convicted felon. We find no error with the trial court’s denial of Appellant’s requested jury instruction on the defense of necessity. We do, however, agree with Appellant that the trial court erred in allowing testimony that was fairly susceptible of being interpreted as a comment on his right to remain silent. We, therefore, reverse and remand for a new trial.

Appellant, a convicted felon, testified during his trial that he temporarily possessed a firearm that his mother left at his home in order to…

2Cases cited3 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. State v. HogginsSupreme Court of Florida · 1998
  3. McMillian v. StateCourt of Criminal Appeals of Alabama · 2010

3Cited by2 opinions

  1. State v. TrappenDistrict Court of Appeal of Florida · 2017
  2. DEMETRIUS JEFFREY HOPKINS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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