RODRIGO QUINTANA, APPELLANT,

v.

MARIA DE LA LUZ QUINTANA, APPELLEE

Citator

Cited By (23 total)

• Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)
  …reversed); C.M. v. State, 434 So. 2d 5 (Fla. 2d DCA 1983) (state's evidence deemed insufficient to link juvenile to a shoplifting or to exclude a viable theory of innocence; delinquency adjudication based on a theft finding reversed); Owen v. State, 432 So. 2d 579 (Fla. 2d DCA 1983) (state’s evidence deemed insufficient to link defendant to a burglary; burglary conviction reversed); Cox v. State, 394 So. 2d 237 [*321] (Fla. 1st DCA 1981) (state’s evidence deemed insufficient to link the defendant to store hol…
• Morse v. State, 604 So. 2d 496 (Fla. 1st DCA 1992)
  …he explain his presence there. We reversed the conviction because the circumstantial evidence was not inconsistent with any reasonable hypothesis of innocence. Mere suspicion was not a basis for conviction. See 483 So. 2d at 497. See Owen v. State, 432 So. 2d 579, 581 (Fla. 2d DCA 1983) (facts must eliminate all reasonable hypotheses of innocence, not merely create a strong probability of, and be consistent with, guilt); Rager v. State, 587 So. 2d 1366, 1369 (Fla. 2d DCA 1991); W.B. v. State, 554 So. 2d 577…
• Jackson v. State, 511 So. 2d 1047 (Fla. 2d DCA 1987)
  …Nevertheless, in criminal convictions based solely on circumstantial evidence, it is our duty to reverse the conviction when that evidence, although strongly suggesting guilt, fails to eliminate any reasonable hypothesis of innocence. Owen v. State, 432 So. 2d 579 (Fla. 2d DCA 1983). Here, we conclude that the state did not present substantial, competent evidence to [*1049] support the jury’s verdict; hence, we must vacate the defendant’s convictions. There were three items of crucial evidence presented by t…

Authorities Cited

• Iva C. O'Malley v. PAN Am. Bank OF Orlando, 384 So. 2d 1258 (Fla. 1980)