Opinion
Case No. 5D19-2939
02-16-2021
Matthew J. Metz, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
Matthew J. Metz, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED. See Arnold v. State , 37 So. 3d 963, 964 (Fla. 1st DCA 2010) (concluding that the trial court correctly denied the appellant's request for a jury instruction on the defense of necessity as it related to the charge of possession of a firearm by a convicted felon where the "appellant failed to present evidence that he did not have any reasonable, legal alternative to possessing the firearm or that the firearm was made available to him without a preconceived design" (citing Marrero v. State , 516 So. 2d 1052, 1054 n.3 (Fla. 3d DCA 1987) )).
LAMBERT, TRAVER, and NARDELLA, JJ., concur.