COVINGTON v. STATE

No. 4D10-2410.

75 So.3d 371 (2011)

Willie J. COVINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 23, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Tatjana Ostapoff , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

In an incident that occurred on March 13, 2009, Willie Covington was charged with grand theft arising from shoplifting of groceries from Publix. There was a surveillance video of the theft, but it was not introduced at trial because Publix recorded over it in May, 2009. During closing argument, Covington contended that the absence of the video was a lack of evidence creating a reasonable doubt. During the state...

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