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838 So. 2d 1242

Docket No. 1D01-4935.

Laine v. State

William LAINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2003-03-10

Cited by 13 later decisions — most recently October 2015

12 state decisions

Relies on 830 So. 2d 792 - Pagan v. State · Hubbard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-03-10

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¶1Harold S. Richmond, Quincy, for Appellant.

¶2Charlie Crist, Attorney General; Janelle Gillaspie, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4We reverse appellant's conviction because there was insufficient evidence that it was appellant who committed the crime. See Pagan v. State,830 So.2d 792, 803 (Fla.2002)(ruling that "if the State's evidence is wholly circumstantial, not only must there be sufficient evidence establishing each element of the offense, but the evidence must also exclude the defendant's reasonable hypothesis of innocence"). Accordingly, we remand with directions that the trial court vacate the judgment of conviction and order placing appellant on probation and enter a judgment of acquittal. See Hubbard v. State,828 So.2d 494 (Fla. 1st DCA 2002).

¶5REVERSED and REMANDED, with directions.

¶6DAVIS, BROWNING and POLSTON, JJ., concur.

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