Legal Opinion

Wilson v. State

District Court of Appeal of Florida

Decided October 13, 2004No. 4D03-855PublishedCited by 1 opinion

1Per curiam

We affirm appellant’s conviction and sentence for attempted lewd or lascivious molestation of a child under twelve years old. Appellant raises two issues, neither of which merit reversal. First, he contends the court should have granted his motion for judgment of acquittal because the state failed to exclude his reasonable hypothesis of innocence. He cites circumstantial evidence cases for the proposition that where the only evidence against a defendant is circumstantial, the state must present evidence sufficient to exclude every reasonable hypothesis of defendant’s innocence. See Durrant v.…

2Cases cited5 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. Henry v. StateSupreme Court of Florida · 1978
  3. Everett v. StateDistrict Court of Appeal of Florida · 2002
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 1987
  5. Durrant v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Perkins v. StateDistrict Court of Appeal of Florida · 2010

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