CHARLES ALLEN SPELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed conviction on one burglary count due to insufficient circumstantial evidence where the recovered microwave's serial number did not match the stolen item, but affirmed convictions on remaining counts.
Conviction for burglary of a dwelling on Nuevo Lagos Street must be reversed because the circumstantial evidence—a microwave matching only in general appearance and stored in Spells' barn—was insufficient to prove participation in that burglary when the serial numbers did not match.
[1] Circumstantial evidence of burglary is insufficient when the only connection between defendant and stolen property is general physical appearance and storage location, wi…
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Join FLexlaw to unlock all legal intelligence“Other than the physical appearance of the microwave, and the fact that it was stored in a barn used by Spells to store other stolen goods, there is no proof that Spells participated in the Nuevo Lagos burglary.”
Court explaining why circumstantial evidence was insufficient to support the burglary conviction.
Spells was convicted of seven counts of burglary of a dwelling, three counts of dealing in stolen property, two counts of theft, and one count of cons…
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STONE, J.
Spells was convicted and sentenced on seven counts of burglary of a dwelling, three counts of dealing in stolen property, two counts of theft, and one count of conspiracy to commit burglary. With respect to count II, burglary of a dwelling, we reverse. The convictions on all other counts are affirmed.
We recognize, as to count II, the burglary of a house on Nuevo Lagos Street, that there is evidence that a microwave oven matching the general description of a microwave oven stolen from the Nuevo Lagos house was recovered from the home of a witness who claimed to have purchased it from Spells and his co-perpetrator. However, the record on appeal reflects that the serial number of the microwave in evidence does not match that of the microwave taken in the Nuevo Lagos burglary. Other than the physical appearance of the microwave, and the fact that it was stored in a barn used by Spells to store other stolen goods, there is no proof that Spells participated in the Nuevo Lagos burglary. This evidence is insufficient to meet the circumstantial evidence standard of State v. Law, 559 So. 2d 187, 188 (Fla.1989), and, therefore, the trial court erred by denying Spells’ motion for judgment of acquittal.
Accordingly, we reverse and remand for modification of the judgment and for re-sentencing as to the remaining counts.
POLEN, C.J. and STEVENSON, J., concur.