Koshada v. State, 96-2565

• Decision Date: 14 April 1997
• Docket Number: No. 96-2565,96-2565
• Citation: 691 So.2d 1142
• Parties: 22 Fla. L. Weekly D977 Tommy J. KOSHADA, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1142

691 So.2d 1142

22 Fla. L. Weekly D977

Tommy J. KOSHADA, Appellant, v. STATE of Florida, Appellee.

No. 96-2565.

District Court of Appeal of Florida, First District.

April 14, 1997.

An appeal from the Circuit Court for Santa Rosa County; Paul A. Rasmussen, Judge.

Nancy A. Daniels, Public Defender, Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Laura M. Fullerton, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, appellant seeks review of his convictions for burglary of a dwelling and grand theft. The only issue presented is whether the trial court committed reversible error when it denied appellant's motion for a judgment of acquittal. Having carefully reviewed the evidence presented during the trial, we agree with appellant that, viewed in a light most favorable to the state, there was not competent evidence of guilt which was inconsistent with appellant's reasonable hypothesis of innocence. Accordingly, because all of the evidence was circumstantial, the motion for judgment of acquittal should have been granted. E.g., State v. Law, 559 So.2d 187 (Fla.1989); Cox v. State, 555 So.2d 352 (Fla.1989).

We reverse appellant's convictions, and remand with directions that a judgment of acquittal be entered and that appellant be discharged.

REVERSED and REMANDED, with directions.

ALLEN, WEBSTER and MICKLE, JJ., concur.