BENNETT v. STATE

No. 92-2259.

617 So.2d 468 (1993)

Felton E. BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 5, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We agree with appellant that the state failed to prove all of the elements of the offense charged and, consequently, that the trial court erred in failing to enter a judgment of acquittal.

Accordingly, we reverse and remand for further proceedings consistent herewith.

GLICKSTEIN, C.J., and ANSTEAD, J., concur.

OWEN, WILLIAM C., Jr., Senior Judge, dissents without...

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