Kaseta v. State

I concur in the majority opinion affirming the trial court’s decision denying Kaseta’s motion for judgment of acquittal because the direct and circumstantial ■evidence was not insufficient as a matter of *703law to take the question of guilt away from the jury. See State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003). However, I respectfully dissent from the remaining portions of the majority decision, especially its decision to order a new trial without certain testimony.

I specifically disagree with the majority’s decision to exclude testimony from the victim’s sister, Julie Martin, that her…