State v. Fagan

WALLACE, Judge.

The State appeals the trial court’s order granting Kelly Fagan’s motion for a judg*321ment of acquittal after a jury found her guilty of one count of identity theft pursuant to subsections (l)(f) and (2) of section 817.568, Florida Statutes (2000), and three counts of credit card fraud pursuant to subsections (1) and (3)(a) of section 817.481. Because the State’s evidence created a prima facie inconsistency with the defense theory of innocence, we reverse and remand for reinstatement of the jury verdict.

Fagan worked at a health spa and weight-loss center. The State alleged that…