ECCLES MAYO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Liborio Romero v. State, 901 So. 2d 260 (Fla. 4th DCA 2005)
  …nnocence beyond a reasonable doubt. Id. [*265] Johnston, 863 So. 2d at 283. The state’s evidence must rebut the defendant’s allegations and evidence of self-defense beyond a reasonable doubt, or a judgment of acquittal is required. Geffkin v. State, 820 So. 2d 331, 335 (Fla. 4th DCA 2002). A motion for judgment of acquittal must fully set forth the grounds on which it is based. Fla. R.Crim. P. 3.380(b) (2004). A boilerplate motion is insufficient. Woods v. State, 733 So. 2d 980, 984-85 (Fla.1999). Thus, a mo…
• Garrido v. State, 97 So. 3d 291 (Fla. 4th DCA 2012)
  …o use non-deadly force to terminate a trespass. Even if Garrido believed that he needed to display his firearm because R.D. was not a process server and felt threatened, determining if that belief was reasonable is a jury question. Geffkin v. State, 820 So. 2d 331, 335 (Fla. 4th DCA 2002) (“questions of reasonable belief and amount of force necessary for protection were questions for the jury”). Therefore, the trial court did not err in denying judgment of acquittal on this ground. Conclusion Since the tria…
• G.T.J. v. State, 994 So. 2d 1182 (Fla. 2d DCA 2008)
  …the State’s evidence is legally insufficient to rebut the defendant’s testimony establishing the self-defense, the court must grant a motion for [dismissal^,]” id.; see also E.A.B. v. State, 933 So. 2d 676, 679 (Fla. 2d DCA 2006); Geffkin v. State, 820 So. 2d 331, 335 (Fla. 4th DCA 2002); W.E.P., Jr. v. State, 790 So. 2d 1166, 1172 (Fla. 4th DCA 2001); Rivera, 719 So. 2d at 337; Sneed v. State, 580 So. 2d 169, 170 (Fla. 4th DCA 1991). Such motions must be granted because “a finding that the evidence is legal…

Authorities Cited

• Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)