BEVERLY BROOKS TEEL, APPELLANT,

v.

DAVID J. SAMARA, M.D.; DAVID J. SAMARA, M.D., P.A.; PAUL G. FAUCHER, D.O., PAUL G. FAUCHER, D.O., P.A.; ASHOK ROYCHOUDHURY, M.D. AND ASHOK ROYCHOUDHURY, M.D., P.A., APPELLEES

Citator

Cited By

• Akins v. State, 838 So. 2d 637 (Fla. 5th DCA 2003)
  …r blade, and the victim felt a cold, hard object at his throat). Eyewitness testimony that the defendant possessed a firearm is sufficient evidence to support a finding that the defendant was in possession of a firearm. See e.g. id.; Crump v. State, 629 So. 2d 231 (Fla. 5th DCA 1993). Further, a conviction does not require a showing that the firearm is loaded or operational. Bentley v. State, 501 So. 2d 600 (Fla.1987). In the instant case, the victim’s testimony that she thought the weapon was a sawed off sh…
• Johnson v. State, 632 So. 2d 1062 (Fla. 5th DCA 1994)
  …ror. We cannot agree with the state’s argument. The absence of objection does not waive misstatement of a disputed element of the offense charged. State v. Delva, 575 So. 2d 643 (Fla.1991); State v. Jones, 377 So. 2d 1163 (Fla.1979); Crump v. State, 629 So. 2d 231 (Fla. 5th DCA 1993). Given the erroneous instruction to the jury, it necessarily should have convicted Johnson of the second count of sexual battery even if it had believed his version of the incident. We do agree with the state that there is no m…
• Guzman-Aviles v. State, 226 So. 3d 339 (Fla. 5th DCA 2017)
  …efendant possessed a firearm is sufficient evidence ... that the defendant was in possession [*345] of a firearm.” Akins v. State, 838 So. 2d 637, 639 (Fla. 6th DCA 2003) (citing Fletcher v. State, 472 So. 2d 537 (Fla. 6th DCA 1985); Crump v. State, 629 So. 2d 231 (Fla. 6th DCA 1993)). Further, “[i]t is not fatal to the prosecution if the state does not introduce the weapon into evidence.” Id. (citing Fletcher, 472 So. 2d at 539). As to the suppression of the victim’s identification of Guzman-Aviles resultin…