McCUTCHEON v. STATE

No. 97-0404.

711 So.2d 1286 (1998)

Michael McCUTCHEON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 25, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.


SHAHOOD, Judge.

This is an appeal from the denial by the trial court of appellant's motion for judgment of acquittal on the charge of armed false imprisonment. We reverse.

The facts material to this appeal are as follows. At trial, the victim, Melissa Shires ("Shires"), testified that she was the store manager for an accessory business in the Hollywood Mall. On the morning in question, approximately an hour after the store opened for business, appellant entered...

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