BARBER v. STATE

No. 5D06-3529.

4 So.3d 9 (2009)

Justin Mertis BARBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 6, 2009.


Attorney(s) appearing for the Case

William Mallory Kent, of The Law Office of William Mallory Kent, Jacksonville, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, J.

Justin Barber was convicted of first-degree murder with a firearm for the killing of his wife and sentenced to life in prison. He appeals the judgment and sentence, claiming that the trial court erred in denying his motion for judgment of acquittal because the evidence at trial, which was wholly circumstantial, did not exclude every reasonable hypothesis of innocence.

Late in the evening of April 17, 2002, Barber and his wife were celebrating a...

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