DAVIS v. STATE

No. 98-0908.

744 So.2d 472 (1999)

Abraham Ezekiel DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourg Asbury, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

In this bench trial on a charge of illegal possession of a firearm by a violent career criminal, defendant argues that the state failed to prove an essential element of the crime, namely that defendant actually had the firearm in his possession. The critical evidence of possession hinges on testimony of a police officer who was responding to a call about a domestic disturbance.

As the responding officer approached the scene, a man stopped the officer...

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