GARCIA v. STATE

No. 4D04-751.

899 So.2d 447 (2005)

Jorge GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 6, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Following a jury trial, appellant, Jorge Garcia, was found guilty of burglary of a dwelling, grand theft, and trespass of a conveyance. He appeals, contending that the trial court erred in denying his motions for judgment of acquittal on the burglary and theft counts. We agree and reverse.

The evidence presented at trial shows that on December 20, 2002, Frank Caltabiano left his residence on Andrews Avenue in Broward County to deliver Christmas...

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