Defendant was convicted of simple criminal damage to property, La.R.S. 14:56. Finding no evidence of criminal damage to property, we conclude that the trial judge erred in denying defendant’s motion for a judgment of acquittal.

Accordingly, the conviction and sentence are reversed and the defendant discharged.

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dissents.

In my view there is “some” evidence to sustain the conviction — the only issue before this court. Accordingly, the conviction should be sustained.