State v. Guyton

OWEN, Judge.

Appellee charged with attempted robbery and aggravated assault, filed a motion to dismiss pursuant to Rule 3.190(c)(4) RCrP on the basis that the State’s case consisted solely of circumstantial evidence and did not exclude every reasonable hypothesis of innocence. The court, relying upon Lockett v. State, 262 So.2d 253 (4th DCA Fla.1972) ; Douglas v. State, 214 So.2d 653 (3rd DCA Fla.1968); Williams v. State, 206 So.2d 446 (4th DCA Fla.1968); and McGuire v. State, 288 So.2d 271 (4th DCA Fla.1974), entered an order dismissing the information.

The charge rose out of an attempted…