SERGIO MARIO HERNANDEZ, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Irven George Pressley v. State, 395 So. 2d 1175 (Fla. 3d DCA 1981)
  …n of the trial judge or of the appellate court the evidence fails to exclude every reasonable hypothesis but that of guilt, but rather whether the jury must reasonably so conclude.” Hernandez v. State, 305 So. 2d 211 (Fla. 3d DCA 1974), cert. denied 315 So. 2d 192 (Fla.1975). By the motion, a defendant admits all facts introduced into evidence and the court must draw every inference favorable to the prosecution. Codie v. State, 313 So. 2d 754 (Fla. 1975); Rodriguez v. State, 379 So. 2d 657 (Fla. 3d DCA 1980).…
• Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)
  …DCA 1975) (state’s evidence deemed sufficient to link defendant to burglary/larceny and to negate defendant’s exonerating trial testimony; burglary and larceny convictions upheld); Hernandez v. State, 305 So. 2d 211 (Fla. 3d DCA 1974), cert, denied, 315 So. 2d 192 (Fla.1975) (state’s evidence deemed sufficient to sustain convictions for burglary and assault with intent to commit murder); Duran v. State, 301 So. 2d 486 (Fla. 3d DCA 1974) (state's evidence deemed sufficient to sustain a grand larceny conviction…

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• Lou Ann Andreasen v. State, 439 So. 2d 226 (Fla. 3d DCA 1983)
  …d whether the inferences reasonably to be drawn from the evidence are not only consistent with guilt of the accused, but inconsistent with every reasonable hypothesis of innocence. Hernandez v. State, 305 So. 2d 211 (Fla. 3d DCA 1974), cert. denied, 315 So. 2d 192 (Fla. 1975); Duran v. State, 301 So. 2d 486 (Fla. 3d DCA 1974). The test which is to be applied has been repeatedly set forth by the appellate courts of this state: The test to be applied on a motion for judgment of acquittal and review of that den…

Authorities Cited

• Hernandez, 305 So. 2d 211 (Fla. 3d DCA 1974)