James Hataway v. State of Florida
District Court of Appeal of Florida
1Opinion of the CourtGerber, J.
The defendant appeals his conviction for tampering with evidence. He primarily argues that the trial court erred in denying his motion for judgment of acquittal on that charge. We agree with the defen dant’s argument and reverse his conviction on that charge.
Our standard of review is set forth in Pagan v. State, 830 So.2d 792 (Fla. 2002): “In reviewing a motion for judgment of acquittal, a de novo standard of review applies.... If, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a…
2Cases cited3 opinions
- Pagan v. StateSupreme Court of Florida · 2002
- Obas v. StateDistrict Court of Appeal of Florida · 2006
- Anthony Costanzo v. StateDistrict Court of Appeal of Florida · 2014