Williams v. State

In this direct appeal, Appellant challenges the denial of his motion for judgment of acquittal on count III, distribution of pornographic material to a child. The only evidence presented by the State to show that the material was obscene was the victim’s testimony. After reviewing that testimony, we hold that the evidence was insufficient to make a prima facie showing that the evidence was obscene as defined by section 847.001, Florida Statutes. Accordingly, we conclude that the trial court erred in denying Appellant’s motion for judgment of acquittal on that count. See Foburg v. State, 807…