Moore v. State, 88-815

Citation14 Fla. L. Weekly 278,537 So.2d 693
Decision Date27 January 1989
Docket NumberNo. 88-815,88-815
Parties14 Fla. L. Weekly 278 Steve Craig MOORE, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Appeal from the Circuit Court for Gadsden County; P. Kevin Davey, Judge.

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Insufficient evidence was presented to support a conviction for improper exhibition of a dangerous weapon. We find that the trial court abused its discretion in denying appellant's motion for judgment of acquittal on that charge and REVERSE that conviction. The other convictions are AFFIRMED.

SHIVERS, ZEHMER and BARFIELD, JJ., concur.

To continue reading

Request your trial
2 cases
  • Jones v. State
    • United States
    • Florida District Court of Appeals
    • August 3, 2001
    ...yet in Whetstone v. State, 778 So.2d 338 (Fla. 1st DCA 2000), Lee v. State, 745 So.2d 1036 (Fla. 1st DCA 1999), Moore v. State, 537 So.2d 693 (Fla. 1st DCA 1989), and Barnett v. State, 444 So.2d 967 (Fla. 1st DCA 1983), the court said that such an order is reviewed by the abuse of discretio......
  • Lee v. State, 98-2761.
    • United States
    • Florida District Court of Appeals
    • October 25, 1999
    ...its discretion in denying the motion for judgment of acquittal. See, e.g., Terry v. State, 668 So.2d 954 (Fla.1996); Moore v. State, 537 So.2d 693 (Fla. 1st DCA 1989); Barnett v. State, 444 So.2d 967, 969 (Fla. 1st DCA Appellant maintained below, as here, that to apply the enhanced penalty ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT