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STATE v. GUYTON

No. 75-446.

331 So.2d 392 (1976)

STATE of Florida, Appellant, v. Gary GUYTON, Appellee.

District Court of Appeal of Florida, Fourth District.

April 30, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellee.

OWEN, Judge.

Appellee charged with attempted robbery and aggravated assault, filed a motion to dismiss pursuant to Rule 3.190(c)(4) RCrP on the basis that the State's case consisted solely of circumstantial evidence and did not exclude every reasonable hypothesis of innocence. The court, relying upon Lockett v. State, 262 So.2d 253 (4th DCA Fla. 1972); Douglas v. State, 214 So.2d 653

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