RAY DONOVAN NEVELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2008-02-06
No. 2D05-5297
NORTHCUTT, C.J. and FULMER, J., Concur.
973 So. 2d 655 Florida District Court of Appeal, Second District (2008) Positive Treatment
Cited by 5 cases

Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

We consider Nevels’ appeal as a petition for writ of certiorari and deny the petition. See Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007).

NORTHCUTT, C.J. and FULMER, J., Concur.


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  • Raidel Cordero-Artigas v. State, 75 So. 3d 838 (Fla. 2d DCA 2011)
    …of the shooting. The State failed to present evidence that was inconsistent with Mr. Jaramillo’s reasonable explanation that he helped the victim’s nephew cut boxes the previous day using the nephew’s knife. Id. at 258. Similarly, in Hill v. State, 973 So. 2d 655, 655-56 (Fla. 2d DCA 2008), we held that the State’s only evidence against the defendant, his fingerprints found on a piece of broken window glass outside the burglary scene, was insufficient to convict him because the State presented no evidence th…
  • Abel Miranda v. State, 113 So. 3d 51 (Fla. 2d DCA 2013)
    …3 So. 2d 475, 482 (Fla.2006). Moreover, absent other evidence of identity, the State must establish that the circumstantial evidence of Miranda’s guilt — his blood-DNA — was left at the scene at the time of the murder. See id. at 483; Hill v. State, 973 So. 2d 655, 655-56 (Fla. 2d DCA 2008); Mutcherson v. State, 696 So. 2d 420, 422 (Fla. 2d DCA 1997); cf. Burkett, 992 So. 2d at 851-52 (distinguishing Ballard based on footprint evidence establishing that defendant had been at the scene of the murder at or near…
  • C.P.C. v. State, 179 So. 3d 376 (Fla. 5th DCA 2015)
    …ypothesis of innocence. See State v. Law, 559 So. 2d 187, 188 (Fla.1989). “Consistent with that rule, a fingerprint left in a location accessible by the public, without more, is' insufficient to establish the identity of the culprit.” Hill v. State, 973 So. 2d 655, 655 (Fla. 2d.DCA 2008). At the adjudicatory hearing, Mr. Paxton acknowledged that he had known C.P.C. for four years and both lived at the same apartment complex. They spent time together and, on one occasion, C.P.C. visited Mr. Paxton’s apartment…

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