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SMITH v. STATE

No. 5D02-398.

826 So.2d 1098 (2002)

Charles Lucas SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 4, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Allison Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Smith appeals his judgment and sentence for possession of a firearm by a convicted felon. He argues that the trial court erred in reinstructing the jury on the defense of necessity. Smith claims that the court's instruction was incomplete and confusing because it failed to explain the standard of proof in addition to who has the burden of proof. We disagree.

Smith was tried for possession of a firearm...

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