Florida District Courts of Appeal, 2011

Fipps v. State

Fipps v. State
Florida District Courts of Appeal · Decided August 23, 2011 · Marstiller, Padovano, Wolf
68 So. 3d 365; 2011 Fla. App. LEXIS 13235; 2011 WL 3677079 (Southern Reporter, Third Series)

Fipps v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his conviction and sentence for burglary of a dwelling. We find the trial court erred in denying appellant’s motion for judgment of acquittal. The State failed to provide sufficient evidence identifying appellant as the second perpetrator of the burglary. Therefore, we reverse and remand with instructions that appellant be discharged.

REVERSED AND REMANDED, with instructions.

WOLF, PADOVANO, and MARSTILLER, JJ., concur.

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