UNDERWOOD v. STATE

No. 4D02-3816.

862 So.2d 800 (2003)

Michael J. UNDERWOOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 26, 2004.


Attorney(s) appearing for the Case

Thomas Montgomery of Thomas Montgomery, P.A., Belle Glade, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of eleven counts of grand theft as a result of his use of funds while running the City of Belle Glade's marina, golf course and campground. Because the state did not refute appellant's explanation in this circumstantial evidence case, which was that even though he had engaged in improper bookkeeping, all of the funds were used to benefit the city, we reverse for a judgment of acquittal....

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