JOSEPH EDWARD MATRASCIA AND JOSEPHINA MATRASCIA, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
These appeals are by Joseph and Josephina Matrascia, who were jointly tried before a jury and found guilty upon two counts for receiving stolen property and one count for the obstruction of service of execution of a search warrant. The single question presented in this consolidated appeal is: Whether the trial court erred in denying each defendant’s motion for a judgment of acquittal made at the close of the state’s case. An examination of the record in the light of the briefs and oral argument requires affirmance upon the law set forth in Lynch v. State, 293 So. 2d 44 (Fla. 1974), where the court held:
“A defendant, in moving for a judgment of acquittal, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence. The courts should not grant a motion for judgment of acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.”
See also Delgado v. State, 319 So. 2d 610 (Fla.3d DCA 1975).
Affirmed.
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Jackson v. State, 419 So. 2d 394 (Fla. 4th DCA 1982)…. 2d 664 (Fla. 3d DCA 1977). All facts introduced into evidence are admitted by the defendant, and the court must draw every conclusion favorable to the state. Codie v. State, 313 So. 2d 754 (Fla.1975); Rodriquez v. State, supra; Matrascia v. State, 349 So. 2d 735 (Fla. 3d DCA 1977), cert. denied 360 So. 2d 1249 (Fla.1978). The motion should not be granted unless there is no legally sufficient evidence on which to base a verdict of guilt. Downer v. State, 375 So. 2d 840 (Fla.1979); Everett v. State, 339 So. 2…
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Knight v. State, 392 So. 2d 337 (Fla. 3d DCA 1981)…(Fla. 3d DCA 1977). All facts introduced into evidence are admitted by the defendant, and the court must draw every conclusion favorable to the state. Codie v. State, 313 So. 2d 754 (Fla.1975); Rodriquez v. State, supra; Ma [*339] trascia v. State, 349 So. 2d 735 (Fla. 3d DCA 1977), cert. denied 360 So. 2d 1249 (Fla.1978). The motion should not be granted unless there is no legally sufficient evidence on which to base a verdict of guilt. Downer v. State, 375 So. 2d 840 (Fla.1979); Everett v. State, 339 So. 2…
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Coley v. State, 616 So. 2d 1017 (Fla. 3d DCA 1993)…. 2d 664 (Fla. 3d DCA 1977). All facts introduced into evidence are admitted by the defendant, and the court must draw every conclusion favorable to the State. Codie v. State, 313 So. 2d 754 (Fla.1975); Rodriguez v. State, supra; Matrascia v. State, 349 So. 2d 735 (Fla. 3d DCA 1977), cert. denied, 360 So. 2d 1249 (Fla.1978). Knight v. State, 392 So. 2d 337 (Fla. 3d DCA), review denied, 399 So. 2d 1143 (Fla.1981). IV. THE COLEY MAJORITY Here, the majority reweighs the evidence, disbelieves the prosecution…
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- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- Delgado v. State, 319 So. 2d 610 (Fla. 3d DCA 1975)