Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERT L. BROTHERS, III Appellant, v. STATE OF FLORIDA Appellee.

MONACO, J.

The appellant, Robert L. Brothers, III, was convicted at jury trial of robbery, in violation of section 812.13(2)(c), Florida Statutes (2002), based largely on circumstantial evidence. The sole issue on appeal is whether the trial court erred in denying the motion of Mr. Brothers for a judgment of acquittal.

When the evidence against a criminally accused person is circumstantial, a motion for judgment of acquittal should be granted if the state fails to present evidence from which the jury can exclude every reasonable hypothesis except that of guilt. See State v. Law, 559 So.2d 187, 188 (Fla. 1989); Wilson v. State, 493 So.2d 1019, 1022 (Fla. 1986); Everett v. State, 831 So.2d 738 (Fla. 4th DCA 2002). Upon careful review of the transcript, we have concluded that the State introduced sufficient competent evidence that was inconsistent with the theory of events put forth by Mr. Brothers. The trial judge was, therefore, correct in denying the motion seeking a judgment of acquittal.

AFFIRMED.

GRIFFIN and THOMPSON, JJ., concur.

Use AI to get other relevant cases.

Comments

BROTHERS v. STATE
(Sep 12, 2003)