LARRY DORNELL JOHNSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-01-22

No. 90-1354

Before FERGUSON, COPE and LEVY, JJ.

574 So. 2d 1131 Florida District Court of Appeal, Third District (1991) Positive Treatment

Cited by 4 cases

Topics

Reasonable Hypothesis Of Innocence Circumstantial Evidence

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Opinion of the Court

PER CURIAM.

Larry Johnson appeals his conviction and sentence for possession of cocaine. In this circumstantial evidence case, the State presented evidence which rebutted and was inconsistent with the defendant’s reasonable hypothesis of innocence. “The test to be applied on review of a denial of a motion for judgment of acquittal is not whether, in the opinion of the trial court or appellate court, the evidence fails to exclude every reasonable hypothesis but that of guilt but, rather, whether the jury might reasonably so Conclude.” Muwwakil v. State, 435 So. 2d 304, 305 (Fla. 3d DCA 1983), review denied, 444 So. 2d 417 (Fla.1984) (citations omitted). The defendant’s motions for judgment of acquittal were properly denied. Id.; see Brown v. State, 428 So. 2d 250 (Fla.), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); Lewis v. State, 570 So. 2d 346 (Fla. 2d DCA 1990).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

C.C. v. State, 576 So. 2d 951 (Fla. 3d DCA 1991)

…e was also testimony about the amount of force employed by C.C. We conclude that there was evidence on which the trier of fact could conclude beyond a reasonable doubt that C.C. had the requisite intent and committed a battery. See Johnson v. State, 574 So. 2d 1131 (Fla. 3d DCA 1991); Muwwakil v. State, 435 So. 2d 304, 305 (Fla. 3d DCA 1983), review denied, 444 So. 2d 417 (Fla. 1984). Affirmed.…
A.P. v. State, 652 So. 2d 1285 (Fla. 3d DCA 1995)

…PER CURIAM. Affirmed. Simmons v. State, 305 So. 2d 178 (Fla.1974); Johnson v. State, 574 So. 2d 1131 (Fla. 3d DCA 1991); J.Y. v. State, 332 So. 2d 643 (Fla. 3d DCA 1976); O’Sullivan v. State, 335 So. 2d 869 (Fla. 3d DCA 1976); Meyers v. State, 303 So. 2d 371 (Fla. 3d DCA 1974); cert. denied, 315 So. 2d 184 (Fla.1975).…

Authorities Cited

Brown v. State, 428 So. 2d 250 (Fla. 1983)
Strickland v. Roosevelt Cnty. Rural Elec. Coop., 463 U.S. 1209 (U.S. 1983)
Sena v. United States, 463 U.S. 1209 (U.S. 1983)
Kunta Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983)
Lewis v. State, 570 So. 2d 346 (Fla. 2d DCA 1990)

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