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Weaver v. State12/16/2004
cCoy v. State, 853 So. 2d 396, 408 (Fla. 2003).
Weaver waived his Miranda rights and told detectives that he was the person who shot Officer Peney and did a walk-through of the crime scene where he re-enacted for detectives how he shot Officer Peney. The bullet that struck Officer Peney was from a .357. Weaver identified the .357 as his weapon. An expert in wound ballistics and a firearms examiner testified that the bullet wounds suffered by Officer Peney were consistent with a .357 bullet. A DNA specialist testified that the blood found on the .357 bullet matched Officer Peney's DNA. The frequency of finding someone with the exact DNA profile was roughly 1 in 229 million. Officer Myers testified that he saw Weaver turn and fire a shot from his weapon. Various eyewitnesses confirmed his testimony. Therefore, we conclude that competent, substantial evidence supports the verdict.
III. CONCLUSION
For the reasons stated, we affirm Weaver's conviction but remand to the trial court with instructions to enter a sentence of life imprisonment without the possibility of parole.
It is so ordered.
PARIENTE, C.J., and WELLS, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
ANSTEAD, J., concurs in result only as to the conviction and concurs as to the sentence.
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