State v. Foster

HOBSON, Acting Chief Judge.

The State of Florida filed a petition for writ of certiorari pursuant to rule 9.100, Florida Rules of Appellate Procedure, seeking relief from a judgment of acquittal entered by the trial court. We deny certio-rari, but not without explanation.

Respondent Jack T. Foster, defendant below, was charged by information with the offense of grand theft in the first degree, to which defendant entered a plea of not guilty. Thereafter, the defendant’s trial commenced. The jury was impanelled and sworn and opening statements were presented by the state and defendant. The state…