C.B.H. v. State

District Court of Appeal of Florida

C.B.H. v. State

665 So. 2d 356, 1995 Fla. App. LEXIS 13507, 1995 WL 761207

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1995

DocketNo. 95-1121

StatusPublished

This text of 665 So. 2d 356 (C.B.H. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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C.B.H. v. State, 665 So. 2d 356, 1995 Fla. App. LEXIS 13507, 1995 WL 761207 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Appellant C.B.H. appeals an order of the trial court adjudicating him delinquent [357]*357for burglary of a dwelling in violation of section 810.02(3), Florida Statutes. We reverse, holding that the trial court erred in denying C.B.H.’s motion for judgment of acquittal where the State failed to present evidence inconsistent with C.B.H.’s theory of events. State v. Law, 559 So.2d 187, 189 (Fla.1989). Under the scant evidence presented by the State, it would take several inferences to meet the essential elements of the crime charged. It is well settled that a criminal conviction cannot be based entirely on a series of inferences. Lee v. State, 640 So.2d 126, 127 (Fla. 1st DCA 1994) (citing Weeks v. State, 492 So.2d 719 (Fla. 1st DCA 1986), rev. dismissed, 503 So.2d 328 (Fla.1987)).

Accordingly, the order of adjudication is REVERSED and REMANDED with directions to dismiss the charge.

BOOTH, MINER and WEBSTER, JJ., concur.

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PER CURIAM.

Appellant C.B.H. appeals an order of the trial court adjudicating him delinquent [357]*357for burglary of a dwelling in violation of section 810.02(3), Florida Statutes. We reverse, holding that the trial court erred in denying C.B.H.’s motion for judgment of acquittal where the State failed to present evidence inconsistent with C.B.H.’s theory of events. State v. Law, 559 So.2d 187, 189 (Fla.1989). Under the scant evidence presented by the State, it would take several inferences to meet the essential elements of the crime charged. It is well settled that a criminal conviction cannot be based entirely on a series of inferences. Lee v. State, 640 So.2d 126, 127 (Fla. 1st DCA 1994) (citing Weeks v. State, 492 So.2d 719 (Fla. 1st DCA 1986), rev. dismissed, 503 So.2d 328 (Fla.1987)).

Accordingly, the order of adjudication is REVERSED and REMANDED with directions to dismiss the charge.

BOOTH, MINER and WEBSTER, JJ., concur.

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665 So. 2d 356, 1995 Fla. App. LEXIS 13507, 1995 WL 761207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cbh-v-state-fladistctapp-1995.

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