Legal Opinion

M.P.W. v. State

District Court of Appeal of Florida

Decided December 3, 1997No. 96-01198PublishedCited by 11 opinions

1Per curiam

M.P.W. appeals from an adjudication of delinquency on the charge of grand theft. He contends the trial court erred in failing to grant his motion for judgment of acquittal. We agree and reverse because the State *592failed to present sufficient evidence to overcome M.P.W.’s reasonable hypothesis of innocence.

The State must prove each element of a crime charged beyond a reasonable doubt. See Owen v. State, 432 So.2d 579 (Fla. 2d DCA 1983). If the State cannot do so, then a judgment of acquittal should be granted. In a circumstantial evidence case, like this case, the trial court should grant a…

2Cases cited5 opinions

  1. State v. LawSupreme Court of Florida · 1989
  2. Owen v. StateDistrict Court of Appeal of Florida · 1983
  3. Evans v. StateDistrict Court of Appeal of Florida · 1994
  4. J.R. v. StateDistrict Court of Appeal of Florida · 1996
  5. Gonzalez v. StateDistrict Court of Appeal of Florida · 1989

3Cited by11 opinions

  1. D.M.L. v. StateDistrict Court of Appeal of Florida · 2000
  2. T.L.M. v. StateDistrict Court of Appeal of Florida · 2000
  3. K.S.H. v. StateDistrict Court of Appeal of Florida · 2011
  4. Terranova v. StateDistrict Court of Appeal of Florida · 1999
  5. D.F.J. v. StateDistrict Court of Appeal of Florida · 2011

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