Opinion
No. 5D04-2654.
June 17, 2005.
Appeal from the Circuit Court for Marion County, Victor J. Musleh, Judge.
James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
We affirm James McGee's convictions of aggravated assault with a deadly weapon and possession of a firearm by a convicted felon. Although no weapon or firearm was recovered, and, consequently, none was introduced as evidence at trial, sufficient testimony was presented from which the jury could reasonably conclude that McGee possessed a firearm during the commission of these offenses. Flowers v. State, 738 So.2d 412 (Fla. 5th DCA 1999); Butler v. State, 602 So.2d 1303 (Fla. 1st DCA 1992).
AFFIRMED.
SAWAYA, C.J. and PLEUS, J., concur.