STATE OF FLORIDA, APPELLANT,
v.
MARCOS SILVA, APPELLEE
Explore caselaw by topic → Browse Burglary With Assault cases and more on FLexlaw
PER CURIAM.
The State of Florida appeals the trial court’s ruling granting a “reserved” motion for judgment of acquittal after a jury verdict finding Marcos Silva guilty of burglary with assault or battery and battery.1 Our review of the record demonstrates that the State presented sufficient evidence to support the jury’s determination of guilt on the charge of burglary with assault or battery. We therefore reverse the order granting the motion for judgment of acquittal, and remand with instructions to reinstate the jury’s verdict on the burglary count. State v. Powell, 636 So. 2d 138 (Fla. 1st DCA), rev. dismissed, 645 So. 2d 454 (Fla.1994). In light of the State’s concession at oral argument before this court, with which we entirely agree, we affirm the judgment of acquittal on the battery conviction as it cannot be sustained in conjunction with the burglary conviction. Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999). Because of the unfortunate views expressed by the trial judge in connection with this case, we direct the case be reassigned to another judge for sentencing.
Affirmed in part, reversed in part, and remanded with instructions.
. No post trial motions were filed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Perreault v. State, 831 So. 2d 784 (Fla. 5th DCA 2002)…ense, but is not sufficient to convince them that he intended to commit a particular alleged offense, such as theft rather than rape, etc. Id. at 202; see also Croft v. State, 528 So. 2d 1279, 1281-1282 (Fla. 1st DCA 1988); see also State v. Silva, 823 So. 2d 199 (Fla. 3d DCA 2002). In the instant case, there was testimony that Perreault forced himself into Lyda’s apartment, grabbed Lyda by the throat, forced Lyda outside to point where “the Korean” supposedly lived, and pulled out a gun when Lyda went back…
Authorities Cited
- Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999)
- McDOUGAL v. Mizrahi, 636 So. 2d 138 (Fla. 3d DCA 1994)