Daniels v. State

District Court of Appeal of Florida

Daniels v. State

362 So. 2d 1039, 1978 Fla. App. LEXIS 16431

Procedural entryThis page is a short order in Daniels v. State. Read the opinion of the Court — 381 So. 2d 707 →

District Court of Appeal of Florida·Decided October 4, 1978·No. No. 77-1112·Published

Opinion

PER CURIAM.

Upon review of the record, this court finds that there is insufficient evidence to sustain the appellant’s conviction for uttering a forgery. There was no evidence that the appellant had knowledge that the signature, which appeared on a check which he presented for cashing, was a forgery. Under such circumstances the appellant’s motion for judgment of acquittal should have been granted.

Accordingly, the judgment and sentence are reversed with directions that the appellant be discharged.

ANSTEAD, LETTS and MOORE, JJ., concur.

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PER CURIAM.

Upon review of the record, this court finds that there is insufficient evidence to sustain the appellant’s conviction for uttering a forgery. There was no evidence that the appellant had knowledge that the signature, which appeared on a check which he presented for cashing, was a forgery. Under such circumstances the appellant’s motion for judgment of acquittal should have been granted.

Accordingly, the judgment and sentence are reversed with directions that the appellant be discharged.

ANSTEAD, LETTS and MOORE, JJ., concur.

Daniels v. State, 362 So. 2d 1039, 1978 Fla. App. LEXIS 16431 (Fla. Ct. App. 1978).

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