Davila v. State

LEVY, DAVID L., Associate Senior Judge.

Franklin Davila appeals his jury conviction for conspiracy to commit robbery and for attempted robbery, for which he was sentenced to two years of community control followed by three years of probation. The sentence was negotiated after conviction in exchange for Davila’s agreement to testify against his codefendants. Because the trial court erred in denying Davila’s motion for judgment of acquittal, we reverse the conviction and remand for discharge.

Davila was found guilty by a jury of conspiracy to commit robbery and attempted robbery but found not…