FERGUSON v. STATE

No. 4D05-3201.

946 So.2d 553 (2006)

Antwane M. FERGUSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 6, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

This issue involves whether appellant may be prosecuted for possession of a firearm by a convicted felon after a jury previously acquitted him of attempted first-degree murder based upon the same facts. We hold that because the jury did not have to factually decide whether appellant possessed a firearm in the first trial, the State is not collaterally estopped from bringing the second charge.

The facts surrounding the charge of attempted first...

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