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723 So. 2d 908

Dickerson v. State

District Court of Appeal of Florida

Decided January 8, 1999

District Court of Appeal of Florida · decided 1999-01-08

Decided 1999-01-08

DAUKSCH, J.

¶1This is an appeal from a conviction for possession of a firearm by a convicted felon.

¶2Appellant says there is insufficient evidence to convict him. He says that because the gun was found under the leg of the person in the driver’s seat of the car and that he was in the passenger’s seat that he did not have possession of it.

¶3The deputy sheriff and his passenger testified that when the deputy ordered the car to stop appellant was driving and the occupants switched seats just after the car stopped. A recording taken of the occupants, appellant and his woman-friend, while they were in the back seat of the patrol car revealed appellant saying “That’s my gun there. That’s my gun there; ain’t it.” It was up to the jury to decided the truth of those inculpatory statements and the true facts as revealed at trial. The evidence was sufficient to support the verdict.

¶4AFFIRMED.

W. SHARP and GOSHORN, JJ., concur.
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