BARRIOS v. STATE

No. 4D10-1384.

75 So.3d 374 (2011)

Orlando BARRIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 30, 2011.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Dea Abramschmitt , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.


LEVINE, J.

Appellant was convicted of attempting to obtain a mortgage by false representation, grand theft in the first degree, and providing false information to defraud a financial institution. We find that the trial court erred in reducing the count of obtaining a mortgage by false representation to an attempt, instead of granting a judgment of acquittal. We also find that the trial court erred in not granting a judgment of acquittal as to grand theft in the first...

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