HERBERT ANDRE WHITE-JORDAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2015-05-20
No. 4D13-905
DAMOORGIAN, C.J., TAYLOR and MAY, JJ., concur.
165 So. 3d 745 Florida District Court of Appeal, Fourth District (2015)

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Holding

The court held that the state failed to present sufficient evidence of the corpus delicti of conspiracy, thus reversing the conviction.


Facts & Procedural History

Appellant was charged as an adult for conspiracy to commit first-degree murder. The state's evidence was insufficient to establish the corpus delicti …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Herbert Andre White-Jordan appeals his judgment of conviction and sentence for conspiracy to commit first degree murder. Appellant, a juvenile, was charged as an adult by information, which alleged that he conspired with Edward Gibson, Jr. to kill Douglas Frasier, Jr. Appellant argues *746that the state’s evidence was insufficient to establish the corpus delicti of conspiracy and permit the introduction of his statements to the police. He further argues that the evidence, without his statement, was insufficient to support his conviction. We agree and reverse and remand for discharge.

“[I]n order to establish the corpus de-licti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.” Myshrall v. State, 29 So.3d 466, 466 (Fla. 4th DCA 2010) (quoting Baxter v. State, 586 So.2d 1196, 1199 (Fla. 2d DCA 1991)). “ Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti’ Id. (quoting Chaparro v. State, 873 So.2d 631, 633 (Fla. 2d DCA 2004)).

In this case, the state failed to present sufficient evidence of the corpus delicti of conspiracy to permit introduction of appellant’s statements to the police. Because the evidence was insufficient to. support a conviction for conspiracy to commit first degree murder, independent of appellant’s self-incriminating statement, the trial court should have granted appellant’s motion for judgment of acquittal as to the conspiracy charge. Accordingly, we reverse the conviction and sentence and remand for appellant’s discharge. See Myshrall, 29 So.3d at 466.

Reversed and Remanded.

DAMOORGIAN, C.J., TAYLOR and MAY, JJ., concur.


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