LAURENT DORIVERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-04-29
No. 5D09-1906
TORPY, LAWSON, and COHEN, JJ., concur.
59 So. 3d 1208 Florida District Court of Appeal, Fifth District (2011) Negative Treatment
Cited by 2 cases
Topics
Hypothesis Of Innocence Circumstantial Evidence Standard Motion For Judgment Of Acquittal

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Laurent Dorivert timely appeals a jury verdict convicting him of the first-degree murder of his wife, Marie Dorivert. He contends that the trial court erred in denying his motion for judgment of acquittal in *1209this circumstantial evidence case. We have carefully considered the evidence presented at trial in light of the standard applicable in circumstantial evidence cases. See, e.g., McArthur v. State, 351 So.2d 972, 976 (Fla.1977). More specifically, we find that the eye witness testimony placing Do-rivert at the scene of the murder in the narrow time frame during which the murder occurred, along, with the blood and DNA evidence linking Dorivert to the murder scene were sufficient to rebut Do-rivert’s proffered hypothesis of innocence — that he was running errands and nowhere near the crime scene during or after the murder, so that someone else must have committed the crime.

AFFIRMED.

TORPY, LAWSON, and COHEN, JJ., concur.

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  • Milagro Cunningham v. State, 74 So. 3d 568 (Fla. 4th DCA 2011)
    …charged with attempted first-degree murder, but convicted of attempted second-degree murder, and the jury was given the standard instruction for attempted manslaughter. See also Fenster v. State, 61 So. 3d 465 (Fla. 4th DCA 2011); Sessions v. State, 59 So. 3d 1208 (Fla. 4th DCA 2011); Mansfield v. State, 41 So. 3d 410 (Fla. 4th DCA 2010). In light of Williams, we affirm as to the issue raised, but note that there is a conflict among of the district courts of appeal and that Williams is currently on review in…
  • Lorenza Sessions v. State, 137 So. 3d 1167 (Fla. 4th DCA 2014)
    …ed opinion, and substitute the following in its place. The defendant appealed from his conviction and sentence for attempted second degree murder as a lesser included offense of attempted first degree murder. This court affirmed. Sessions v. State, 59 So. 3d 1208 (Fla. 4th DCA 2011). Our affirmance was based on our opinion in Williams v. State, 40 So. 3d 72 (Fla. 4th DCA 2010) (“Williams I ”). Williams I held that the giving of the standard jury instruction on attempted voluntary manslaughter was not fundame…

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