Opinion
No. 73-235.
October 16, 1973.
Appeal from the Circuit Court (formerly Criminal Court of Record) for Dade County, Ellen Morphonios Rowe, J.
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and William L. Rogers, Asst. Atty. Gen., and Gary M. Carman, Legal Intern, for appellee.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
Defendant-appellant was charged by information with (1) carrying a concealed firearm and (2) unlawful possession of a firearm by a convicted felon, tried non-jury, convicted on count # 1 and sentenced to two (2) years imprisonment.
The state having abandoned count # 2.
On appeal, appellant contends that the trial court erred in denying defense's motion for judgment of acquittal where the evidence is legally insufficient. We cannot agree.
A defendant who moves for a directed verdict of acquittal admits all the facts in evidence adduced and every conclusion favorable to the state fairly and reasonably inferable therefrom. Lett v. State, Fla. App. 1965, 174 So.2d 568; Dixon v. State, Fla.App. 1965, 180 So.2d 681. After a thorough examination of the record, we conclude that there was substantial evidence with all reasonable inferences fairly drawn therefrom to sustain the judgment of conviction.
Accordingly, the judgment is affirmed.
Affirmed.