REMOR v. STATE

No. 4D07-1371.

991 So.2d 957 (2008)

Ernest Harold REMOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 20, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We hold that the trial court erred in failing to grant the defendant's motions for judgment of acquittal on the charges of attempted burglary of a structure and possession of burglary tools. The evidence presented by the state was entirely circumstantial and did not rebut a reasonable hypothesis of innocence. We affirm the conviction for resisting arrest without violence.

On September 4, 2004, Indian River County was under a curfew because of an...

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