C.B.H. v. State
District Court of Appeal of Florida
1Per curiam
Appellant C.B.H. appeals an order of the trial court adjudicating him delinquent *357for burglary of a dwelling in violation of section 810.02(3), Florida Statutes. We reverse, holding that the trial court erred in denying C.B.H.’s motion for judgment of acquittal where the State failed to present evidence inconsistent with C.B.H.’s theory of events. State v. Law, 559 So.2d 187, 189 (Fla.1989). Under the scant evidence presented by the State, it would take several inferences to meet the essential elements of the crime charged. It is well settled that a criminal conviction cannot be based entirely…
2Cases cited3 opinions
- State v. LawSupreme Court of Florida · 1989
- Weeks v. StateDistrict Court of Appeal of Florida · 1986
- Lee v. StateDistrict Court of Appeal of Florida · 1994