08-2262 TIMOTHY MAURICE SMITH, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-2262

Case Date: 07/29/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TIMOTHY MAURICE SMITH, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 29, 2009.

CASE NO. 1D08-2262

An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. Timothy Maurice Smith, Appellant, appeals his convictions and sentences for two counts of burglary and one count of grand theft in an amount of $5,000 or more, but less than $20,000. He argues, among other things, that the evidence at

trial was legally insufficient to support his conviction for the second burglary, which occurred on January 31, 2007. We agree, and accordingly, we reverse Appellant's conviction for the burglary that occurred on January 31, 2007, and remand for vacation of the conviction and the resulting sentence. Finding no merit in Appellant's remaining arguments, we affirm the remaining convictions and sentences without further discussion. At trial, the State presented evidence that the victim's home was burglarized on two occasions: once on January 27, 2007, and once on January 31, 2007. The only item taken in the second burglary was a DVD player. At trial, the State attempted to link Appellant to the second burglary by showing that he had inexplicable possession of the DVD player after the second burglary. If the State had succeeded in showing Appellant's inexplicable possession of the DVD player, the evidence would have been sufficient to support Appellant's conviction for the burglary that took place on January 31, 2007. See

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