STATE OF FLORIDA
v.
JAMARLIN HUNTLEY

Fla. 4th DCA | 2021-01-06
No. 19-2332
310 So. 3d 418 Florida District Court of Appeal, Fourth District (2021) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

When circumstantial evidence requires stacking at least two inferences to prove the intentional act element of child abuse, the evidence is insufficient to support a conviction.


Headnotes

[1] In a prosecution based on circumstantial evidence, a conviction cannot rest upon the stacking or pyramiding of multiple inferences from the evidence presented.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“An impermissible pyramiding of inferences occurs where at least two inferences in regard to the existence of a criminal act must be drawn from the evidence and then stacked to prove the crime charged; in that scenario, it is said that the evidence lacks the conclusive nature to support a conviction.”

Court explaining the legal test for sufficiency of circumstantial evidence, citing Graham v. State.

Facts & Procedural History

Defendant Huntley was charged with child abuse of a minor under 18. The state presented only circumstantial evidence regarding whether defendant commi…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

The state appeals an order granting the defendant’s motion for judgment of acquittal.1 To prove the charged offense of child abuse, the state was required to prove that (1) the defendant committed “[a]n intentional act that could reasonably be expected to result in physical or mental injury to” K.H., and (2) that K.H. was under 18. See §§ 827.01(2), 827.03(1)(b)2., Fla. Stat. (2017). On the entirely circumstantial evidence before us as to the commission of the act, we cannot conclude that the defendant committed an intentional act without impermissibly stacking inferences. See generally Graham v. State, 748 So. 2d 1071, 1072 (Fla. 4th DCA 1999) (“An impermissible pyramiding of inferences occurs where

2

at least two inferences in regard to the existence of a criminal act must be drawn from the evidence and then stacked to prove the crime charged; in that scenario, it is said that the evidence lacks the conclusive nature to support a conviction.”). In light of Bush v. State, 295 So. 3d 179 (Fla. 2020), we are aware that the jurisprudence regarding inference stacking may evolve, but at this point we are bound to follow the dictates of precedent. Accordingly, we affirm. Affirmed. GROSS, CIKLIN, JJ., and BELL, CAROLYN, Associate Judge, concur.

* * * Not final until disposition of timely filed motion for rehearing.

Footnotes
1 The trial court granted the motion for judgment of acquittal after a jury verdict but without polling the jury. We have jurisdiction because “the order of acquittal was granted after the jury had deliberated and returned a verdict to the trial court on all charges.” See State v. Pickersgill, 284 So. 3d 542, 548 (Fla. 4th DCA 2019), review denied, SC19-2142, 2020 WL 3549917 (Fla. June 30, 2020); see also Fla. R. Crim. P. 3.450.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw