Legal Opinion

Emory v. State

District Court of Appeal of Florida

Decided September 29, 2010No. 4D08-4815Published

1Opinion of the CourtMay, J.

The defendant appeals his conviction and sentence for possession of a firearm by a convicted felon. He argues the trial court erred when it sustained the State’s objection to defense counsel’s closing argument concerning a lack of proof that the defendant possessed a firearm. We find no error and affirm.

The State charged the defendant with armed robbery with a firearm, resisting arrest without violence, and possession of a firearm by a convicted felon. The scenario giving rise to these charges involved the theft of the victim’s necklace and bracelet by a man, who appeared to have a gun. The…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. State v. HarbaughSupreme Court of Florida · 2000
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2004
  3. Walters v. StateDistrict Court of Appeal of Florida · 2006

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