ROBERT M. COYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the State failed to present sufficient evidence that the vehicle in the appellant's possession was the same vehicle that was stolen, requiring reversal.
Appellant was convicted of theft of a vehicle. The State did not prove that the vehicle found in appellant's possession was the same vehicle stolen fr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Theft cases and more on FLexlaw
GUNTHER, Judge.
Robert M. Coyle appeals his judgment of conviction and sentence and contends that the trial court erred in denying his motion for judgment of acquittal. We reverse.
Appellant was convicted of theft Of Harold Houser’s vehicle pursuant to section 812.014(2)(b), Florida Statutes (1983). Appellant moved for judgment of acquittal on the ground that the prosecutor failed to prove that the vehicle found in appellant’s possession was the car that was taken from Houser. The judgment of acquittal should have been granted because the record reveals that there was insufficient evidence that the vehicle in Coyle’s possession was the same as the vehicle taken from Houser. There is a missing link because there is no evidence to connect the car the police returned to Houser and the car found in Coyle’s possession. See Morgan v. State, 186 So. 2d 795 (Fla. 3d DCA 1966).
The Double Jeopardy Clause of the United States Constitution compels us to remand this case with instructions to the trial court to discharge the appellant because the State failed to present sufficient evidence at trial that the vehicle in Coyle’s possession was the vehicle taken from Houser. See Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 15 (1978); Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978); Kimbler v. State, 360 So. 2d 1270 (Fla. 1st DCA 1978).
REVERSED AND REMANDED.
DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004)…pellate court granted a writ of prohibition because a new trial would violate the defendant's double jeopardy rights. The court held that the correct ruling would be to discharge the defendant. The court, referring to its decision in Coyle v. State, 493 So. 2d 550 (Fla. 4th DCA 1986), wrote; This court went on to state that the Double Jeopardy Clause of the United States Constitution compelled a remand to the trial court with instructions to discharge the appellant because the state had failed to present suf…
-
In the Interest of S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987)…The absence of evidence to connect identified property with property found in the defendant’s possession has been held sufficient to support a motion for judgment of acquittal. See E.W. v. State, 379 So. 2d 1028 (Fla. 1st DCA 1980); Coyle v. State, 493 So. 2d 550 (Fla. 4th DCA 1986). While the identity of property may be shown by circumstantial evidence, Kearson, in the instant case the evidence shows only that a black 1985 Trak-brand moped disappeared from Frederickson’s apartment building on 18 August 198…
-
In the Interest of A.P., 636 So. 2d 790 (Fla. 4th DCA 1994)…argues that it is clear from respondent Judge Berman’s order in his case that his ruling was based on the finding that the evidence presented failed to prove the crime charged, and as such was a finding of insufficient evidence. In Coyle v. State, 493 So. 2d 550 (Fla. 4th DCA 1986), this court reversed a trial court’s denial of a judgment of acquittal, when this court found that there was insufficient evidence- to connect a stolen car to the appellant, who had been convicted of its theft. This court went on…
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)
- Greene v. Massey, 437 U.S. 19 (U.S. 1978)
- Goldia Kimbler v. State, 360 So. 2d 1270 (Fla. 1st DCA 1978)
- Morgan v. State, 186 So. 2d 795 (Fla. 3d DCA 1966)