16 256 STATE
v.
NIMAN REHRG
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The State appealed a trial court's judgment of acquittal in a DUI case, arguing the court applied the wrong evidentiary standard. The appellate court agreed, holding that because direct evidence of driving was presented alongside circumstantial evidence of impairment, the competent and substantial evidence standard (not the stricter circumstantial evidence standard) applied, and reversed the acquittal.
The appellate court held that the competent and substantial evidence standard applies when direct evidence of at least one element of the crime is presented, even if other elements are proved by circumstantial evidence. The purely circumstantial evidence standard applies only when all proof of guilt is circumstantial. Under the proper standard, the evidence was sufficient to support the DUI conviction.
[1] A conviction will be sustained if supported by competent, substantial evidence when both direct and circumstantial evidence are presented.
[2] Where the only proof of guilt is circumstantial, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In cases "where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence."”
Establishes the stricter standard applicable when guilt is proved entirely by circumstantial evidence
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Join FLexlaw to unlock all legal intelligenceThe defendant, Christine Niman, was charged with DUI. At trial, the State presented eye-witness testimony establishing that the defendant was driving.…
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421 Third Street, 6th Floor West Palm Beach, FL 33401 [email protected] [email protected]
PER CURIAM.
We grant Appellee's Motion for Rehearing, withdraw our previous Opinion, and replace it with the following.
The State appeals the trial court's entry of a judgment of acquittal on a DUI conviction, claiming that the trial court applied the incorrect standard and erroneously found that the State presented legally insufficient evidence to support a conviction. We agree and reverse. In cases where both direct and circumstantial evidence are presented, a conviction will be sustained if it is supported by competent, substantial evidence. Pagan v. State, 830 So. 2d 792, 803 (Fla. 2002). In cases "where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence." Knight v. State, 186 So. 3d 1005, 1009 (Fla. 2016) (quoting Jaramillo v. State, 417 So. 2d 257, 257 (Fla. 1982)). A purely circumstantial evidence standard "should not be applied based on any particular element of a crime being itself proved entirely by circumstantial evidence"; rather, it should be applied "where the only proof of guilt is circumstantial." Knight, 186 So. 3d at 1010.
In granting the judgment of acquittal, the trial court determined that the instant case was a circumstantial evidence case, and the evidence presented could not exclude every reasonable hypothesis of innocence. While the element of impairment was supported by entirely circumstantial evidence, Knight states that every element of the crime must be proved by circumstantial evidence for the circumstantial evidence standard to apply. Here, direct evidence that Appellant was driving was presented through eye-witness testimony. Thus, it is the competent, substantial evidence standard that applies. Reviewing the case under that standard, we find Appellant's conviction was supported by competent, substantial evidence. Therefore, we reverse the judgment of acquittal and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED with instructions to reinstate the jury's verdict. The trial court is specifically instructed to rule on the pending motion for new trial and to make disposition accordingly. See State v. Kelley, 588 So. 2d 595 (Fla. 1st DCA 1991). Due to the retirement of Judge Colin, the presiding judge in the proceedings below, the trial court is further instructed that "if the motion rests on the determination of credibility or resolution of conflicts, the court should grant the new trial motion, unless the original presiding judge is available to hear the motion." State v. May, 703 So. 2d 1097, 1100 (Fla. 2d DCA 1997).
KELLEY, COLBATH, and CARACUZZO, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
STATE OF FLORIDA, Appellant,
APPELLATE DIVISION (CRIMINAL): AC CASE NO.: 502016AP900256AXXXMB L.T. NO.: 502016CT009618AXXXSB
Opinion/Decision filed: JUN 1 1 2018
V.
CHRISTINE NIMAN, Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pagan v. State, 830 So. 2d 792 (Fla. 2002)
- Anibal Jaramillo v. State, 417 So. 2d 257 (Fla. 1982)
- Knight v. State, 186 So. 3d 1005 (Fla. 2016)
- State v. MAY, 703 So. 2d 1097 (Fla. 2d DCA 1997)
- State v. Kelley, 588 So. 2d 595 (Fla. 1st DCA 1991)