STATE v. ESPOSITO

No. 93-1885.

642 So.2d 25 (1994)

STATE of Florida, Appellant/Cross-Appellee, v. Raffaele ESPOSITO, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 20, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellant/cross-appellee.

Dennis D. Bailey of Sullivan, Bailey, Bailey and Bailey, P.A., Pompano Beach, for appellee/cross-appellant.


STEVENSON, Judge.

Raffaele Esposito was convicted of vehicular homicide. The trial court denied Esposito's motion for judgment of acquittal but granted his motion for new trial. Both the state and Esposito appeal. Because no conclusion of guilt could reasonably be inferred from the evidence adduced at trial, we find that the trial court should have granted Esposito's motion for judgment of acquittal. Therefore, the ruling on the motion for new trial is moot.

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