MYSHRALL v. State

District Court of Appeal of Florida

MYSHRALL v. State

29 So. 3d 466, 2010 Fla. App. LEXIS 3348, 2010 WL 934045

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 2010

Docket4D08-3006

StatusPublished

Cited by1 cases

This text of 29 So. 3d 466 (MYSHRALL 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.

Bluebook

MYSHRALL v. State, 29 So. 3d 466, 2010 Fla. App. LEXIS 3348, 2010 WL 934045 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

Richard Myshrall timely appeals his judgment of conviction and sentence for criminal conspiracy to commit bank i’ob-bery. “[I]n order to establish the coi"pus delicti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.” Baxter v. State, 586 So.2d 1196, 1199 (Fla. 2d DCA 1991). “Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti.” Chaparro v. State, 873 So.2d 631, 633 (Fla. 2d DCA 2004) (citing Burks v. State, 613 So.2d 441, 444 (Fla.1993)). Based on the testimony presented at trial, we find that there was no evidence introduced which would allow for the conclusion that a corpus delicti of conspiracy to commit bank robbery existed so as to permit the admittance of Myshrall’s statement to the police. As such, we find the trial court should have granted Myshrall’s motion for judgment of acquittal as to the conspiracy charge, and we must reverse the conviction and sentence. See Brown v. State, 800 So.2d 697, 698 (Fla. 1st DCA 2001) (reversing conviction of conspiracy to commit armed robbery because trial court should have granted defendant’s motion for judgment of acquittal where prosecutor failed to present sufficient evidence, independent of appellant’s self-incriminating statement, to establish corpus delicti of the crime).

Reversed.

WARNER, POLEN and STEVENSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Richard Myshrall timely appeals his judgment of conviction and sentence for criminal conspiracy to commit bank i’ob-bery. “[I]n order to establish the coi"pus delicti of conspiracy, the state must present substantial evidence that the defendant and a coconspirator agreed to commit a crime and that the defendant intended to commit the offense.” Baxter v. State, 586 So.2d 1196, 1199 (Fla. 2d DCA 1991). “Admissions or confessions of a defendant may not be admitted in evidence absent independently established corpus delicti.” Chaparro v. State, 873 So.2d 631, 633 (Fla. 2d DCA 2004) (citing Burks v. State, 613 So.2d 441, 444 (Fla.1993)). Based on the testimony presented at trial, we find that there was no evidence introduced which would allow for the conclusion that a corpus delicti of conspiracy to commit bank robbery existed so as to permit the admittance of Myshrall’s statement to the police. As such, we find the trial court should have granted Myshrall’s motion for judgment of acquittal as to the conspiracy charge, and we must reverse the conviction and sentence. See Brown v. State, 800 So.2d 697, 698 (Fla. 1st DCA 2001) (reversing conviction of conspiracy to commit armed robbery because trial court should have granted defendant’s motion for judgment of acquittal where prosecutor failed to present sufficient evidence, independent of appellant’s self-incriminating statement, to establish corpus delicti of the crime).

Reversed.

WARNER, POLEN and STEVENSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

29 So. 3d 466, 2010 Fla. App. LEXIS 3348, 2010 WL 934045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myshrall-v-state-fladistctapp-2010.

Opinion

Related

Cite This Page — Counsel Stack