Velloso v. State

Appellant was charged by information with theft of state funds in the amount of $20,000 or more, but less than $100,000, by failing to remit taxes collected pursuant to Chapter 212, Florida Statutes. He was found guilty by a jury of theft of state funds in the amount of $800 or more, but less than $20,000. He appeals his conviction, arguing that the trial judge erred by: (1) applying a sufficiency of the evidence standard, rather than the weight of the evidence standard, when denying his motion for a new trial; (2) denying his motion for mistrial when a witness made an objectionable comment1;…