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CARWISE v. STATE

No. 5D00-2828.

821 So.2d 308 (2002)

Tony A. CARWISE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion on Grant of Certification July 19, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.

Carwise appeals his conviction for conspiracy to commit armed robbery. The trial court should have granted the motion for judgment of acquittal because the state presented insufficient evidence to establish the corpus delicti of the crime prior to admitting Carwise's confession. See Baxter v. State, 586 So.2d 1196 (Fla. 2d DCA 1991)(to establish the corpus delicti of conspiracy, the state must present substantial...

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