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324 So. 2d 642

Mack v. State

District Court of Appeal of Florida

Decided January 9, 1976

District Court of Appeal of Florida · decided 1976-01-09

Cited by 1 later decisions — most recently October 1979

1 state decisions

Relies on 262 So. 2d 253 - Lockett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-09

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DOWNEY, Judge.

¶1Appellant and a co-defendant were charged in Count I with breaking and entering a vehicle, and in Count II with possession of burglarious tools. The trial court granted a motion for judgment of acquittal at the close of the state’s case as to Count II and reserved ruling on the mo*643tion as to Count I. Appellant was convicted of the. charge in Count I.

¶2We have reviewed the evidence presented by the state and find it insufficient to create a prima facie case of breaking and entering a vehicle against appellant. The case presented by the state is circumstantial and is not wholly inconsistent with a reasonable hypothesis of innocence. Lockett v. State, Fla.App. 1972, 262 So.2d 253.

¶3Thus, appellant’s motion for judgment of acquittal should have been granted as to all counts.

¶4Accordingly, the judgment and sentence appealed from are reversed and the cause is remanded with directions to discharge appellant.

¶5Reversed and remanded.

CROSS and MAGER, JJ., concur.
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