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705 So. 2d 148

Jones v. State

District Court of Appeal of Florida

Decided February 18, 1998

District Court of Appeal of Florida · decided 1998-02-18

Relies on 559 So. 2d 187 - State v. Law

Decided 1998-02-18

KARLAN, SANDY, Associate Judge.

¶1Appellant appeals the trial court’s denial of his motion for judgment of acquittal. Appellant was convicted of grand theft for stealing property from K-Mart. However, there was no testimony from a K-Mart employee that there were any items missing from inventory. Rather, the State’s circumstantial evidence was that the merchandise was found in Appellant’s car without any customer receipt. This circumstantial evidence was insufficient to negate Appellant’s reasonable hypothesis of innocence. See State v. Law, 559 So.2d 187 (Fla.1989). Accordingly, Appellant’s conviction is reversed.

¶2REVERSED.

STONE, C.J., and PARIENTE, BARBARA J., Associate Judge, concur.
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