State v. Silva

District Court of Appeal of Florida

State v. Silva

823 So. 2d 199, 2002 Fla. App. LEXIS 10293, 2002 WL 1625534

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 2002

DocketNo. 3D01-1737

StatusPublished

Cited by1 cases

This text of 823 So. 2d 199 (State v. Silva) 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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State v. Silva, 823 So. 2d 199, 2002 Fla. App. LEXIS 10293, 2002 WL 1625534 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

The State of Florida appeals the trial court’s ruling granting a “reserved” motion for judgment of acquittal after a jury verdict finding Marcos Silva guilty of burglary with assault or battery and battery.¹ Our review of the record demonstrates that the State presented sufficient evidence to support the jury’s determination of guilt on the charge of burglary with assault or battery. We therefore reverse the order granting the motion for judgment of acquittal, and remand with instructions to reinstate the jury’s verdict on the burglary count. State v. Powell, 636 So.2d 138 (Fla. 1st DCA), rev. dismissed, 645 So.2d 454 (Fla.1994). In light of the State’s concession at oral argument before this court, with which we entirely agree, we affirm the judgment of acquittal on the battery conviction as it cannot be sustained in conjunction with the burglary conviction. Torna v. State, 742 So.2d 366 (Fla. 3d DCA 1999). Because of the unfortunate views expressed by the trial judge in connection with this case, we direct the case be reassigned to another judge for sentencing.

Affirmed in part, reversed in part, and remanded with instructions.

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PER CURIAM.

The State of Florida appeals the trial court’s ruling granting a “reserved” motion for judgment of acquittal after a jury verdict finding Marcos Silva guilty of burglary with assault or battery and battery.¹ Our review of the record demonstrates that the State presented sufficient evidence to support the jury’s determination of guilt on the charge of burglary with assault or battery. We therefore reverse the order granting the motion for judgment of acquittal, and remand with instructions to reinstate the jury’s verdict on the burglary count. State v. Powell, 636 So.2d 138 (Fla. 1st DCA), rev. dismissed, 645 So.2d 454 (Fla.1994). In light of the State’s concession at oral argument before this court, with which we entirely agree, we affirm the judgment of acquittal on the battery conviction as it cannot be sustained in conjunction with the burglary conviction. Torna v. State, 742 So.2d 366 (Fla. 3d DCA 1999). Because of the unfortunate views expressed by the trial judge in connection with this case, we direct the case be reassigned to another judge for sentencing.

Affirmed in part, reversed in part, and remanded with instructions.

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823 So. 2d 199, 2002 Fla. App. LEXIS 10293, 2002 WL 1625534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-silva-fladistctapp-2002.

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