STATE OF FLORIDA, PETITIONER,
v.
RANDOLPH WIGHTMAN, RESPONDENT

Fla. | 2009-07-02
No. SC08-1240
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
14 So. 3d 211 Florida Supreme Court (2009) Negative Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted jurisdiction to review the decision of the Second District Court of Appeal in Wightman v. State, 982 So.2d 74 (Fla. 2d DCA 2008), based on express and direct conflict with State v. Generazio, 691 So.2d 609 (Fla. 4th DCA 1997), and Lazarowicz v. State, 561 So.2d 392 (Fla. 3d DCA 1990). After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss review.

It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.


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  • Dausch v. State, 141 So. 3d 513 (Fla. 2014)
    …ble and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’ ” Lindsey v. State, 14 So. 3d 211, 215 (Fla.2009) (quoting Frank v. State, 121 Fla. 53, 163 So. 223 (1935)). “Although the jury is the trier of fact, a conviction of guilt must be reversed on appeal if it is not supported by competent substantial evidence.” Ballard, 923 So. 2d at 48…
  • Morales v. State, 170 So. 3d 63 (Fla. 1st DCA 2015)
    …State’s case in chief, defense counsel moved for a judgment of acquittal, arguing that the State failed to meet its burden of proving attempted first-degree murder in a purely circumstantial case. The defense attorney first relied Lindsey v. State, 14 So. 3d 211 (Fla.2009), to argue that the circumstantial evidence was insufficient to establish guilt beyond a reasonable doubt.. Notably, in Lindsey, the issue involved circumstantial evidence relating to the defendant’s involvement in the crime, not to the pr…
  • Derral Wayne Hodgkins v. State, 175 So. 3d 741 (Fla. 2015)
    …reasonable doubt. Id. Johnston, 863 So. 2d at 283. We reiterate, however, that “[a]lthough the jury is the trier of fact, a conviction of guilt must be reversed on appeal if it is not supported by competent, substantial evidence.” Lindsey v. State, 14 So. 3d 211, 215 (Fla.2009) (quoting Ballard v. State, 923 So. 2d 475, 482 (Fla.2006)) (internal quotation marks omitted). Finally, this Court has instructed that “[suspicions alone cannot satisfy the State’s burden of proving guilt beyond a reasonable doubt[.…

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