Egberongbe v. State

District Court of Appeal of Florida

Egberongbe v. State

765 So. 2d 108, 2000 Fla. App. LEXIS 6803, 2000 WL 718160

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2000

DocketNo. 1D98-1109

StatusPublished

Cited by1 cases

This text of 765 So. 2d 108 (Egberongbe 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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Egberongbe v. State, 765 So. 2d 108, 2000 Fla. App. LEXIS 6803, 2000 WL 718160 (Fla. Ct. App. 2000).

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PER CURIAM.

This is a timely appeal from a conviction and sentence for second-degree murder. The only direct evidence presented by the state consisted of testimony from an eyewitness who implicated appellant’s brother as the perpetrator, rather than appellant. Moreover, the scientific and circumstantial evidence presented by the state did not clearly contradict that testimony. We conclude that the evidence will not sustain appellant’s conviction; therefore, we need not reach the remaining issues raised on appeal. We reverse the conviction and remand with directions to enter a judgment of acquittal.

Reversed and remanded with directions.

BOOTH and WOLF, JJ., concur; ERVIN, J., concurs with written opinion.

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PER CURIAM.

This is a timely appeal from a conviction and sentence for second-degree murder. The only direct evidence presented by the state consisted of testimony from an eyewitness who implicated appellant’s brother as the perpetrator, rather than appellant. Moreover, the scientific and circumstantial evidence presented by the state did not clearly contradict that testimony. We conclude that the evidence will not sustain appellant’s conviction; therefore, we need not reach the remaining issues raised on appeal. We reverse the conviction and remand with directions to enter a judgment of acquittal.

Reversed and remanded with directions.

BOOTH and WOLF, JJ., concur; ERVIN, J., concurs with written opinion.

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765 So. 2d 108, 2000 Fla. App. LEXIS 6803, 2000 WL 718160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egberongbe-v-state-fladistctapp-2000.

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