Florida District Courts of Appeal, 1993

Bennett v. State

Bennett v. State
Florida District Courts of Appeal · Decided May 5, 1993 · Anstead, Glickstein, Owen, William
617 So. 2d 468; 1993 Fla. App. LEXIS 4999; 1993 WL 140099 (Southern Reporter, Second Series)

Bennett v. State

Opinion of the Court

PER CURIAM.

We agree with appellant that the state failed to prove all of the elements of the offense charged and, consequently, that the trial court erred in failing to enter a judgment of acquittal.

Accordingly, we reverse and remand for further proceedings consistent herewith.

GLICKSTEIN, C.J., and ANSTEAD, J., concur. OWEN, WILLIAM C., Jr., Senior Judge, dissents without opinion.

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