EDWARD FIPPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD FIPPS, APPELLANT,
STATE OF FLORIDA, APPELLEE
68 So. 3d 365
Florida District Court of Appeal, First District (2011)
Caution
Cited by 1 case
Opinion of the Court
Appellant challenges his conviction and sentence for burglary of a dwelling. We find the trial court erred in denying appellant’s motion for judgment of acquittal. The State failed to provide sufficient evidence identifying appellant as the second perpetrator of the burglary. Therefore, we reverse and remand with instructions that appellant be discharged.
REVERSED AND REMANDED, with instructions.
WOLF, PADOVANO, and MARSTILLER, JJ., concur.
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Pierre v. State, 77 So. 3d 699 (Fla. 3d DCA 2011)…fused to give her the key. The appellant had taken all of his belongings, except a couple of stray clothing items. In addition, the victim asked the landlord to take the appellant off the lease and paid the rent herself. Finally, in Breen v. State, 68 So. 3d 365, 365 (Fla. 1st DCA 2011), the First District Court of Appeal held the trial court erred in denying appellant’s motion for judgment of acquittal, finding no abandonment, where “evidence established appellant entered the apartment he shared with his g…