Schultz v. State

CASANUEVA, Judge.

Michael Schultz appeals his judgments and sentences for burglary of an unoccupied dwelling and grand theft. We agree with Mr. Schultz that the trial court erred in denying his motion for judgment of acquittal as to both charges because the only evidence of his guilt was circumstantial and the evidence was not inconsistent with Mr. Schultz’s reasonable hypothesis of innocence. See State v. Law, 559 So.2d 187, 188 (Fla.1989) (“A motion for judgment of acquittal should be granted in a circumstantial evidence case if the state fails to present evidence from which the jury can…