SENECA v. STATE

No. 4D99-1305.

760 So.2d 995 (2000)

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

District Court of Appeal of Florida, Fourth District.

June 14, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, C.J.

The jury found appellant guilty of burglary of an occupied structure and other crimes where the only evidence linking appellant to the burglary were his fingerprints on a car battery which apparently was thrown through the window of the burgled structure. Because the state failed to prove that the fingerprints could only have been made at the time the crime was committed, the trial court erred in denying the motion for judgment of acquittal on all the...

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