Moore v. State, No. 88-815

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

Page 693

537 So.2d 693
14 Fla. L. Weekly 278
Steve Craig MOORE, Appellant,
v.
STATE of Florida, Appellee.
No. 88-815.
District Court of Appeal of Florida,
First District.
Jan. 27, 1989.

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.

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2 practice notes
  • Jones v. State, No. 1D00-2878.
    • United States
    • Court of Appeal of Florida (US)
    • August 3, 2001
    ...standard, 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......
  • Lee v. State, No. 98-2761.
    • United States
    • Court of Appeal of Florida (US)
    • 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 ......
2 cases
  • Jones v. State, No. 1D00-2878.
    • United States
    • Court of Appeal of Florida (US)
    • August 3, 2001
    ...standard, 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......
  • Lee v. State, No. 98-2761.
    • United States
    • Court of Appeal of Florida (US)
    • 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 ......

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