Legal Opinion

Perez v. State

District Court of Appeal of Florida

Decided July 3, 1990No. 89-2370PublishedCited by 5 opinions

1Per curiam

Appellant, Julio Perez, appeals his conviction for trafficking in cocaine. We affirm.

Appellant contends that the trial court erred in denying his motion of acquittal, because there was insufficient circumstantial evidence presented at trial necessary to exclude all reasonable hypotheses of innocence. Appellee, State, asserts that the circumstantial evidence presented at trial excluded any reasonable hypothesis of innocence.

The question of whether the evidence fails to exclude all reasonable hypothesis of innocence is for the jury to determine. Heiney v. State, 447 So.2d 210 (Fla.), cert.…

2Cases cited5 opinions

  1. Heiney v. StateSupreme Court of Florida · 1984
  2. Rose v. StateSupreme Court of Florida · 1982
  3. Pressley v. StateDistrict Court of Appeal of Florida · 1981
  4. Hernandez v. StateDistrict Court of Appeal of Florida · 1974
  5. Thomas v. StateDistrict Court of Appeal of Florida · 1987

3Cited by5 opinions

  1. Linn v. StateDistrict Court of Appeal of Florida · 2006
  2. Basulto-Rodriguez v. StateDistrict Court of Appeal of Florida · 2012
  3. Thompson v. StateDistrict Court of Appeal of Florida · 1994
  4. Bateman v. StateDistrict Court of Appeal of Florida · 2017
  5. Charlier v. StateDistrict Court of Appeal of Florida · 2019

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