A motion for judgment of acquittal must be denied unless the evidence is such that no lawful view favorable to the state can be sustained.
The defendants were jointly tried and convicted of receiving stolen property and obstructing the execution of a search warrant. They appealed, arguing the trial court erred in denying their motions for a judgment of acquittal at the close of the state's case. The court applies the rule that a defendant moving for acquittal admits all facts and reasonable inferences favorable to the state. The motion should be denied unless no lawful view of the evidence favorable to the state can be sustained. Because the record supported the convictions under this standard, the appellate court affirmed the judgments.
Other citing cases
- Stanley v. State, 560 So. 2d 1269 (Fla. 3d DCA 1990).published
v.
The STATE of Florida, Appellee.
Horton, Perse & Ginsberg, Miami, for appellants.
[*736] Robert L. Shevin, Atty. Gen. and Margarita Esquiroz, Asst. Atty. Gen., for appellee.
Before PEARSON, BARKDULL and HUBBART, JJ.
PER CURIAM.
These appeals are by Joseph and Josephina Matrascia, who were jointly tried before a jury and found guilty upon two counts for receiving stolen property and one count for the obstruction of service of execution of a search warrant. The single question presented in this consolidated appeal is: Whether the trial court erred in denying each defendant's motion for a judgment of acquittal made at the close of the state's case. An examination of the record in the light of the briefs and oral argument requires affirmance upon the law set forth in Lynch v. State, 293 So.2d 44 (Fla. 1974), where the court held:
"A defendant, in moving for a judgment of acquittal, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence. The courts should not grant a motion for judgment of acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law."
See also Delgado v. State, 319 So.2d 610 (Fla.3d DCA 1975).
Affirmed.