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McGOWAN v. STATE

No. 4D12-2311.

139 So.3d 934 (2014)

Joseph McGOWAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 2, 2014.

Attorney(s) appearing for the Case

Michael E. Dutko, Sr. and Ashley Dutko of Bogenschutz, Dutko & Kroll P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Joseph A. Tringali , Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant was charged, tried, and convicted of the crime of leaving the scene of a crash involving injury to or death of a person.1 He claims that the trial court erred in denying his motion for judgment of acquittal because the state failed to prove that he knew or should have known that he hit a pedestrian. Based upon the totality of the circumstances and the unusual facts of this...

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