SCOTT LOVE
v.
STATE OF FLORIDA
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The trial court properly denied the motion for judgment of acquittal because ample evidence supported convictions for felony murder, burglary, and robbery beyond a reasonable doubt.
[1] A motion for judgment of acquittal should not be granted unless, when viewed in the light most favorable to the State, the evidence does not establish a prima facie case…
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Join FLexlaw to unlock all legal intelligence“A motion for judgment of acquittal admits not only the facts in evidence, but every reasonable inference from the evidence favorable to the [S]tate.”
Standard for reviewing denial of motion for judgment of acquittal
Scott Love was convicted of felony murder, burglary, and robbery. Police obtained a search warrant and court order compelling Love to disclose his loc…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SCOTT LOVE,
Appellant,
v. Case No. 5D19-413
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 27, 2020
Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge.
James S. Purdy, Public Defender, and Teresa
D.
Sutton, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
EDWARDS, J.
We affirm the convictions of Appellant, Scott Love, for felony murder, burglary, and robbery. The trial court properly denied Appellant’s motion for judgment of acquittal as there was ample evidence from which the jury could conclude beyond a reasonable doubt that Appellant committed each crime, as charged. “A motion for judgment of acquittal
2 admits not only the facts in evidence, but every reasonable inference from the evidence favorable to the [S]tate.” Proko v. State, 566 So. 2d 918, 920 (Fla. 5th DCA 1990). “The court should not grant the motion unless, when viewed in the light most favorable to the [S]tate, the evidence does not establish a prima facie case of guilt.” Id. (citing Lynch v. State, 293 So. 2d 44, 45 (Fla. 1974); Herman v. State, 472 So. 2d 770, 771 (Fla. 5th DCA 1985)). Appellant argues that his Fifth Amendment privilege against self-incrimination was violated when he was forced, via search warrant and an order to compel, to tell police the password to his locked cell phone. While that might otherwise be an interesting issue,1 there is nothing to analyze here. Appellant does not identify anything that the police obtained from his phone nor how anything obtained from his phone was used for purposes of their investigation or as evidence at trial. We affirm as to the balance of the issues raised as they deserve no discussion at all.
AFFIRMED.
ORFINGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- Proko v. State, 566 So. 2d 918 (Fla. 5th DCA 1990)
- Herman v. State, 472 So. 2d 770 (Fla. 5th DCA 1985)
- State v. Stahl, 206 So. 3d 124 (Fla. 2d DCA 2016)
- G.A.Q.L. v. State, 257 So. 3d 1058 (Fla. 4th DCA 2018)
- Pollard v. State, 254 So. 3d 984 (Fla. 4th DCA 2018)