EGBERONGBE v. STATE

No. 1D98-1109.

765 So.2d 108 (2000)

Olajide EGBERONGBE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 26, 2000.


Attorney(s) appearing for the Case

Robert Augustus Harper and Steven Brian Whittington of Robert Augustus Harper Law Firm, P.A., Tallahassee; Edward S. Stafman, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Edward C. Hill, Jr., Assistant Attorney General; James W. Rogers, Assistant Attorney General, Criminal Appeals—Bureau Chief, Tallahassee, for appellee.


PER CURIAM.

This is a timely appeal from a conviction and sentence for second-degree murder. The only direct evidence presented by the state consisted of testimony from an eyewitness who implicated appellant's brother as the perpetrator, rather than appellant. Moreover, the scientific and circumstantial evidence presented by the state did not clearly contradict that testimony. We conclude that the evidence will not sustain appellant's conviction; therefore, we need...

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