Riutta v. State

MANN, Chief Judge.

The appellant’s brief ends with a statement that “The state must exclude all HYPOTHESES OF INNOCENCE”, citing a number of Florida cases.1 We restate the proposition: The state must exclude all reasonable hypotheses of innocence. Here is what happened:

Riutta dropped a small pistol on the floor of a tavern. He picked it up and placed it inside his boot. A customer who saw the incident advised the owner, who asked Riutta to leave. Riutta entered his car and backed up rapidly onto a vacant field. The door of the car opened. He was there 30 to 45 seconds, then pulled out onto the…