State v. Surin

ON MOTION FOR REHEARING GRANTED

SHEPHERD, J.

We grant the motion for rehearing filed in this case by the State, withdraw our previous opinion and substitute the following in its place.

The State appeals a circuit court order granting the defendant, Jean Surin’s, motion for judgment of partial acquittal on the ground that the State failed to prove defendant’s age at trial. We have jurisdiction. Art. V, § 4(b)(1), Fla. Const.; Fla. R.App. P. 9.030(b)(1)(A); 9.140(c)(1)(E). *1164Because we are satisfied that there was sufficient circumstantial evidence of defendant’s age, we reverse the order of the…