Antonio Morales v. State of Florida

I fully join in Judge Roberts’ opinion granting rehearing and affirming the conviction for attempted first degree murder. At the close of the State’s ease-in-chief, the defense moved for a judgment of acquittal making the following argument:

Here there is really no physical evidence of value. There’s a trace amount of gunshot residue but there’s nothing to establish whether or not Mr. Morales actually held a gun, was in close proximity when a gun was fired, whether he touched a contaminated surface or whether he touched a gun after it had been fired.

There — if you look at the video you cannot…