NELSON v. STATE

No. 97-300

725 So.2d 412 (1999)

Paul Michael NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 16, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The appellant, Paul Nelson, was convicted of second degree murder in the stabbing death of Georgia Mae Tobler. Nelson asserts that the trial court erred in not granting his motion for judgment of acquittal because the state did not present sufficient circumstantial evidence to overcome his hypothesis of innocence.

Tobler, a crack cocaine dealer, was fatally stabbed in her home on the evening of April 13, 1996 sometime prior to 9:50 p.m. when her nephew...

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