State v. Green

CRENSHAW, Judge.

The State of Florida appeals an order granting Jarvis Green’s motion for judgment of acquittal after jury trial. Pursuant to the motion, the circuit court reduced Green’s conviction from burglary of an unoccupied dwelling to trespass. We have jurisdiction.1 Because the court erred in reducing the charge rather than ordering a *1148new trial, we reverse the judgment and order a new trial. We also certify a question of great public importance.

Green was charged in 2012 with burglary of an unoccupied dwelling and petit theft; he was not charged with trespass. He was acquitted by a jury…