ANTHONY FAILS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Morges v. State, 33 So. 3d 115 (Fla. 1st DCA 2010)
  …beyond a reasonable doubt. Troy v. State, 948 So. 2d 635 (Fla.2006). A trial court’s denial of a motion for a judgment of acquittal raising the sufficiency of the circumstantial evidence on the issue of identity is reviewed de novo. Fowler v. State, 987 So. 2d 111 (Fla. 1st DCA 2008). Circumstantial evidence which creates nothing more than a strong suspicion that a defendant committed the crime is not sufficient to support a conviction. Cox v. State, 555 So. 2d 352 (Fla.1989). As to the arson charge, the Sta…
• M.G. v. State, 989 So. 2d 705 (Fla. 1st DCA 2008)
  …amiliar” and his identification of her as “at least a nine” on a scale of one to ten, along with the exchange during cross-examination, provided legally sufficient evidence that Appellant is the person whom the officer arrested. See Fowler v. State, 987 So. 2d 111 (Fla. 1st DCA 2008); C.C., Jr., 943 So. 2d at 905. The fact that the officer honestly acknowledged his limited recollection of Appellant’s identity does not provide a legal basis to reverse the adjudication here. Utilizing our proper standard of re…
• Harris v. State, 160 So. 3d 913 (Fla. 1st DCA 2015)
  …years. The trial court denied Harris’s motion for judgment of acquittal as to the burglary conviction and the enhanced sentence, both of which rested on the sufficiency of the evidence. II. Harris’s challenge is reviewed de novo. Fowler v. State, 987 So. 2d 111, 112 (Fla. 1st DCA 2008) (denial of motion for judgment of acquittal raising the sufficiency of the circumstantial evidence on the issue of identity). The general appellate test is whether the jury could reasonably determine guilt given the evidence…