LONNIE O. WHITEHEAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lonnie Whitehead was convicted of first-degree murder in connection with a robbery that resulted in a grocery store owner's death. The appellate court reversed the conviction, finding that circumstantial evidence linking Whitehead to the crime was insufficient to exclude reasonable hypotheses of innocence.
The circumstantial evidence was insufficient as a matter of law to support the conviction. The court held that circumstantial evidence must not only be consistent with guilt but must be inconsistent with any reasonable hypothesis of innocence, and the circumstances themselves must be proven beyond a reasonable doubt and be so conclusive as to prove guilt beyond a reasonable doubt.
[1] Circumstantial evidence must be consistent with guilt and inconsistent with any reasonable hypothesis of innocence to sustain a conviction.
[2] Circumstantial evidence is insufficient as a matter of law if it produces nothing more than a suspicion of guilt.
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Join FLexlaw to unlock all legal intelligence“where circumstantial evidence is relied upon, such evidence must be consistent with guilt; but further, must be inconsistent with any reasonable hypothesis of innocence”
Establishes the strict standard for circumstantial evidence in criminal cases—it must exclude all reasonable alternative explanations
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Join FLexlaw to unlock all legal intelligenceWhitehead was present in a grocery store near the door during a murder committed in the course of a robbery attempt. A ten-year-old boy identified Whi…
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Appellant was convicted of first degree murder and sentenced to life imprisonment for his alleged participation in a robbery attempt which resulted in the death of a grocery store owner.
The main question in this appeal is whether the evidence was sufficient to sustain the jury verdict. A review of the facts most favorable to the State indicates: (1) the defendant was in the store near the door during the commission of the murder, (2) the defendant was identified by a ten year old boy as having been sitting in the passenger seat of his own automobile outside the store with another man who was wearing a shirt of the same color as a man the boy later saw running away from the store.
On the other hand, there is no evidence that the appellant participated in the robbery or the murder. He had no gun. There was no communication whatever between the man who shot the store owner and the defendant. He did not run from the store as did the murderer. He remained at the store after the police arrived although he had opportunity to leave. He attempted to leave only after it became apparent that he was a suspect in the case. He testified that he was merely entering the store to make a purchase.
These facts counterbalancing the State’s evidence are important; but it is the weight of the State’s evidence only which should be considered here. The defendant’s close proximity to the actual commission of the crime does not alter the circumstantial nature of the evidence against him. The State has the burden of proving beyond a reasonable doubt all the elements of its case. Savage v. State, 152 Fla. 367, 11 So.2d 778 (1943); Campbell v. State, 92 Fla. 775, 109 So. 809 (1926). Beyond this, where circumstantial evidence is relied upon, such evidence must be consistent with guilt; but further, must be inconsistent with any reasonable hypothesis of innocence. Rhoden v. State, 227 So.2d 349 (1st D.C.A.Fla.1969); LaMonte v. State, 145 So.2d 889 (2d D.C.A.Fla.1962); Nash v. State, 188 So.2d 391 (3d D.C.A.Fla.*1481966) cert. den. 389 U.S. 857, 88 S.Ct. 93, 19 L.Ed.2d 123. The circumstances, which themselves must be proven beyond a reasonable doubt, must be of such a conclusive nature that the defendant’s guilt is proven beyond a reasonable doubt. As this court stated in LaMonte, supra. “It is the actual exclusion of each other reasonable hypothesis which clothes mere circumstances with the force of proof.”
We do not believe the evidence linking the appellant to either a robbery or a murder was that conclusive. Circumstantial evidence is insufficient as a matter of law if it produces nothing more than a suspicion of guilt. Ricard v. State, 181 So.2d 677 (3d D.C.A.Fla.1966); LaMonte v. State, 145 So.2d 889 (2d D.C.A.Fla.1962).
We therefore reverse and remand for a new trial.
HOBSON and BOARDMAN, JJ., concur.
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Cited By (12 total)
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…arson finding reversed); Thompson v. State, 276 So. 2d 218 (Fla. 4th DCA), cert, denied, 281 So. 2d 210 (Fla.1973) (state’s evidence deemed insufficient to link defendant to the murder of her husband; murder conviction reversed); Whitehead v. State, 273 So. 2d 146 (Fla. 2d DCA 1973) (state’s evidence deemed insufficient to link defendant to a holdup-murder at which the defendant was present; first degree murder conviction reversed); Camporeale v. State, 270 So. 2d 49 (Fla. 4th DCA 1973) (state’s evidence deem…
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Harris v. State, 307 So. 2d 218 (Fla. 3d DCA 1974)…must exclude every reasonable hypothesis except that of guilt.” Brown v. State, 1937, 127 Fla. 225, 172 So. 921; Miller v. State, Fla.App.1972, 270 So. 2d 423, 424; Gaetano v. State, Fla.App.1973, 273 So. 2d 84, 86; Whitehead v. State, Fla.App.1973, 273 So. 2d 146, 147-148.2 We are of the opinion that the facts sub judice are supportive of reasonable hypotheses of the defendant’s innocence and, for this reason, the conviction and sentence appealed hereby are reversed, with directions to discharge the appella…
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In the Interest of D. J. v. State, 330 So. 2d 35 (Fla. 4th DCA 1976)…ust exclude every reasonable hypothesis except that of guilt. Brown v. State, 1937, 127 Fla. 225, 172 So. 921; Miller v. State, Fla.App.1972, 270 So. 2d 423, 424; Gaetano v. State, Fla.App. 1973, 273 So. 2d 84, 86; Whitehead v. State, Fla.App. 1973, 273 So. 2d 146, 147, 148; Harris v. State, Fla.App.1974, 307 So. 2d 218, 220. We are of the opinion that the facts subjudice are supportive of reasonable hypotheses of the defendant’s innocence and, for this reason, the Adjudication of Delinquency and Order of Co…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Savage v. State, 152 Fla. 367 (Fla. 1943)
- Mathis Campbell v. State, 92 Fla. 775 (Fla. 1926)
- Vira P. Stansbury v. Stansbury, 145 So. 2d 889 (Fla. 3d DCA 1962)
- Ricard v. State, 181 So. 2d 677 (Fla. 3d DCA 1966)
- Rhoden v. State, 227 So. 2d 349 (Fla. 1st DCA 1969)
- Gen. Motors Corp. v. Int'l Union, 389 U.S. 857 (U.S. 1967)
- Nash v. State, 188 So. 2d 391 (Fla. 3d DCA 1966)