KENNETH EDWARD MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed attempted burglary conviction where circumstantial evidence of defendant's presence at scene with tools was insufficient to prove guilt beyond reasonable doubt without evidence of entry, attempted entry, or aiding and abetting.
Circumstantial evidence that defendant was found running from a warehouse with tools in his pocket, without evidence of entry, attempted entry, or aiding and abetting, is insufficient to support conviction for attempted burglary.
[1] Circumstantial evidence of presence at crime scene with tools, without evidence of entry, attempted entry, or aiding and abetting, is insufficient to support attempted bu…
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Join FLexlaw to unlock all legal intelligence“a person may be convicted on circumstantial evidence if such evidence is consistent with his guilt and also inconsistent with any reasonable hypothesis of innocence. Mere suspicion, probabilities or suppositions are insufficient.”
Court stating the legal standard for circumstantial evidence convictions
Defendant accompanied co-defendant Luke to a warehouse that Luke broke into. Defendant was apprehended running from the scene with two pliers and a sc…
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BOYER, Judge.
Appellant (hereinafter defendant) seeks reversal of a final judgment adjudicating him guilty of attempted burglary. An examination of the record reveals that defendant accompanied co-defendant Harold Luke to a warehouse which Luke admittedly broke into. Defendant was apprehended running from the scene with two pliers and a screwdriver in his pocket. There was no evidence that defendant entered the building, attempted to enter the building, or encouraged, aided or abetted Luke in doing so. The law is well settled that a person may be convicted on circumstantial evidence if such evidence is consistent with his guilt and also inconsistent with any reasonable hypothesis of innocence. Mere suspicion, probabilities or suppositions are insufficient. Driggers v. State, 164 So. 2d 200 (Fla.1964); Lyons v. State, 47 So. 2d 541 (Fla.1950). The circumstantial evidence in this case does not meet that standard.
Accordingly, we hold the learned trial judge erred in denying defendant’s motion for discharge made at the close of the state’s case and again at the close of all of the evidence.
The judgment of guilt is reversed and defendant is discharged from the conviction and sentence here appealed.
McCORD, C. J., and MELVIN, J., concur.
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Florentino Ramirez v. State, 371 So. 2d 1063 (Fla. 3d DCA 1979)…that such evidence of flight was wholly insufficient to withstand the defendant Gonzalez’ motion for judgment of acquittal as to this charge. As such, the conviction of the defendant Gonzalez for the subject crime must be reversed. Morgan v. State, 355 So. 2d 149 (Fla. 1st DCA 1978). Ill We have carefully considered the other contentions raised by the defendants upon this appeal and find them to be without merit. Accordingly, the conspiracy convictions herein are reversed as to all defendants and the cause…
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Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988)…match box. See Hons v. State, 467 So. 2d 829 (Fla. 2d DCA 1985). Finally, evidence that Agee fled from the police is insufficient to prove guilt. Kuhn, 439 So. 2d at 294; see also Miller v. State, 420 So. 2d 631 (Fla. 2d DCA 1982); Morgan v. State, 355 So. 2d 149 (Fla. 1st DCA), cert. denied, 361 So. 2d 835 (Fla.1978). We hold that Agee’s proximity to the heroin and his flight from the police were insufficient circumstantial evidence to establish his constructive possession of the contraband. Thus, the trial…
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Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Zenchak v. Ryder Truck Rentals, Inc., 164 So. 2d 200 (Fla. 1964)
- Green Driggers v. State, 164 So. 2d 200 (Fla. 1964)
- Lyons v. State, 47 So.2d 541 (Fla. 1950)