METALES v. STATE

No. 4D06-2483.

963 So.2d 989 (2007)

Stanley METALES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 2007.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Appellant was tried by jury and convicted of burglary of a dwelling and resisting arrest without violence. We reverse the burglary conviction because we find the trial court erred in denying appellant's motion for judgment of acquittal where the State failed to rebut appellant's affirmative defense of consent.

The pertinent facts—with all inferences drawn in favor of the State for purposes of considering the motion for judgment of acquittal...

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