MARRERO v. STATE

No. 86-2325.

516 So.2d 1052 (1987)

Hipolito MARRERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 15, 1987.


Attorney(s) appearing for the Case

Edward F. McHale, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

Hipolito Marrero appeals his conviction and sentence for unlawful possession of a firearm by a convicted felon in violation of Section 790.23, Florida Statutes (1985), contending that, first, the evidence was insufficient to sustain a conviction and, second, the trial court's instruction to the jury on Marrero's necessity defense was erroneous.

The evidence before the jury was as follows. On the date of the offense, Marrero, returning...

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