WILLIAM J. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William J. Smith was convicted of burglary and aggravated battery based primarily on circumstantial evidence. The Florida appellate court reversed, holding that the circumstantial evidence was insufficient to meet the constitutional standard requiring guilt be proven beyond a reasonable doubt and was inconsistent with reasonable hypotheses of innocence.
The court held that the convictions must be reversed because the circumstantial evidence was insufficient. The evidence was inconsistent with a reasonable hypothesis of innocence and pointed almost equally toward the appellant's brother Reginald, failing to meet the constitutional requirement that circumstantial evidence must be inconsistent with any reasonable hypothesis of innocence.
[1] Circumstantial evidence must be inconsistent with any reasonable hypothesis of innocence to support a conviction.
[2] A prior inconsistent statement of a witness may be used for impeachment but not as substantive evidence against a defendant.
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Join FLexlaw to unlock all legal intelligence“when the State relies on circumstantial evidence to convict an accused the evidence must be not only consistent with the defendant's guilt, but it must be inconsistent with any reasonable hypothesis of innocence”
Establishes the controlling legal standard for circumstantial evidence convictions in Florida
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Join FLexlaw to unlock all legal intelligenceA burglary and shooting occurred at the Stanton home on September 22, 1978. Mark Stanton was shot by an intruder he could not identify but who was tal…
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[*997] SHARP, Judge.
The appellant was convicted of burglary of a dwelling and aggravated battery. He argues that the trial judge erred in denying his Motion for Judgment of Acquittal and New Trial because the evidence, which was primarily circumstantial, was not sufficient to convict him. We agree, reverse the conviction and order the appellant discharged.
The State proved that a burglary of the Stanton dwelling occurred on the night of September 22, 1978. When Mark Stanton returned home, he surprised an intruder in his house. The intruder shot Mark, and he heard someone yell “Let’s go_” (a nickname Mark cannot recall). Mark was unable to identify the appellant as the intruder who shot him, although he meets the general description given by Mark — a tall, black man, and he has a nickname, “Bobo”. The State also established that Mark Stanton was shot with a .38 caliber pistol, which the appellant sold to Ephriam Campbell, the day after the burglary occurred. But, there were no latent prints of appellant on the gun or in the Stanton’s house.
Reginald Smith, the brother of the appellant, gave the prosecution a statement that he and the appellant were involved in the robbery and that the appellant shot Mark Stanton. However, at the trial Reginald denied that he and the appellant had anything to do with the robbery and shooting. Reginald’s prior inconsistent statement was used to impeach him, but it could not be considered as substantive evidence against the appellant. Delaine v. State, 362 So. 2d 689 (Fla. 2d DCA 1978); Perry v. State, 356 So. 2d 342 (Fla. 1st DCA 1978).
It has long been established in Florida that when the State relies on circumstantial evidence to convict an accused the evidence must be not only consistent with the defendant’s guilt, but it must be inconsistent with any reasonable hypothesis of innocence. Williams v. State, 143 So. 2d 484 (Fla.1962); Davis v. State, 90 So. 2d 629 (Fla.1956). The circumstantial evidence in. this case points to Reginald almost as strongly as the appellant and to neither with sufficient certainty to convict.
The conviction of the appellant is reversed, and this cause is remanded to the trial court with directions to discharge him. McArthur v. Nourse, 369 So. 2d 578 (Fla.1979); Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978).
REVERSED AND REMANDED.
DAUKSCH, C. J., and COBB, J., concur.
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State v. Fetherolf, 388 So. 2d 38 (Fla. 5th DCA 1980)…reverse the trial court’s order and remand the case for further proceedings consistent with this opinion. REVERSED and REMANDED. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur. .Rankin v. State, 143 So. 2d 193 (Fla.1962); Smith v. State, 379 So. 2d 996 (Fla. 5th DCA 1980); Hill v. State, 355 So. 2d 116 (Fla. 4th DCA 1978). . State v. Davis, 243 So. 2d 587 (Fla.1971). . State v. J.T.S. and G.R.W., 373 So. 2d 418 (Fla. 2d DCA 1979).…
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Webb v. State, 426 So. 2d 1033 (Fla. 5th DCA 1983)…n Florida which barred the use of a prior inconsistent statement for substantive purposes, but allowed it for impeachment purposes, was based on the Florida courts’ characterization of such evidence as hearsay. See the cases cited in Smith v. State, 379 So. 2d 996 (Fla. 5th DCA 1980). But the Evidence Code changed many of these common law rules. Section 90.801(2)(a) states that a prior inconsistent statement is not hearsay if the person making the statement testifies at trial and is subject to cross-examinati…
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Santiago v. State, 652 So. 2d 485 (Fla. 5th DCA 1995)…only evidence offered by the state to substantiate the charge of attempted murder against Santiago was the prior inconsistent statement by its own witness, Oquendo, and that is not enough. State v. Moore, 485 So. 2d 1279 (Fla.1986); Smith v. State, 379 So. 2d 996 (Fla. 5th DCA), cert, denied, 386 So. 2d 642 (Fla.1980). As we stated in Smith, such prior inconsistent statements may be used for impeachment but cannot be considered as substantive evidence against a defendant. Smith 379 So. 2d at 997. Likewise,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burks v. United States, 437 U.S. 1 (U.S. 1978)
- Hoyt Dan Davis v. State, 90 So. 2d 629 (Fla. 1956)
- Greene v. Massey, 437 U.S. 19 (U.S. 1978)
- Williams v. State, 143 So. 2d 484 (Fla. 1962)
- Nadean O. McARTHUR v. Nourse, 369 So. 2d 578 (Fla. 1979)
- Glenwood Perry and James Rushin, Jr. v. State, 356 So. 2d 342 (Fla. 1st DCA 1978)
- Tompkins v. Tompkins, 362 So. 2d 689 (Fla. 1st DCA 1978)
- Delanie v. State, 362 So. 2d 689 (Fla. 2d DCA 1978)