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STATE v. McCLENDON

No. 97-0814.

707 So.2d 800 (1998)

STATE of Florida, Appellant/Cross-Appellee, v. Levi McCLENDON, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

February 11, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellant/cross-appellee.

V. Lynn Whitfield of Whitfield & Mosley, West Palm Beach, for appellee/cross-appellant.

FARMER, Judge.

In this conviction for manslaughter with a firearm, the evidence was entirely circumstantial. Therefore under State v. Law, 559 So.2d 187 (Fla.1989), the evidence when viewed in the light most favorable to the state must exclude every reasonable hypothesis of innocence. We conclude that it was error for the trial judge to deny defendant's motion for judgment of acquittal.1

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