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JOHNSON v. STATE

No. 90-1354.

574 So.2d 1131 (1991)

Larry Dornell JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter and Carol Wilson, Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel and Ivy Ginsberg, Asst. Attys. Gen., for appellee.

Before FERGUSON, COPE and LEVY, JJ.

PER CURIAM.

Larry Johnson appeals his conviction and sentence for possession of cocaine. In this circumstantial evidence case, the State presented evidence which rebutted and was inconsistent with the defendant's reasonable hypothesis of innocence. "The test to be applied on review of a denial of a motion for judgment of acquittal is not whether, in the opinion of the trial court or appellate court, the evidence fails to exclude every reasonable hypothesis but that...

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