1DCA: Burglary with Possession of Firearm – Judge Makar Specially Concurs

Affirming conviction and ten-year mandatory minimum sentence for armed burglary while possessing a firearm, the First District held:

BURGLARY – SUFFICIENCY OF THE EVIDENCE: Evidence that the defendant’s fingerprints were found on a jewelry box drawer that the victim received sealed from the factory years earlier, and to which the defendant was not given access, was sufficient to meet the State’s burden of proving burglary.

ACTUAL POSSESSION OF A FIREARM – MANDATORY MINIMUM: Where the evidence establishes that there was only one perpetrator, that the defendant’s fingerprints were found on a jewelry box drawer the victim received sealed from the factory years earlier, and that firearms were missing from the home, the evidence is sufficient to establish the defendant actually possessed a firearm in commission of the robbery and supports the ten-year mandatory minimum sentence.

JUDGE MAKAR, concurring specially:
Because the State presented no evidence that the defendant actually possessed the firearm during the burglary (only the jewelry box drawer), no firearms were recovered, and no evidence was offered that the defendant sold, used or possessed the firearms, the evidence was insufficient to establish she actually possessed a firearm in the course of the burglary.

Harris v. State, 1D13-1077 (Fla. 1st DCA Feb. 16, 2015)
https://edca.1dca.org/DCADocs/2013/1077/131077_DC05_02162015_102704_i.pdf

Nassau Judge Foster

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