00-3484 YANEZ V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-3484 YANEZ V. STATE

Case Date: 12/19/2001

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001

JAVIER YANEZ, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D00-3484 LOWER TRIBUNAL NO. 00-763

Opinion filed December 19, 2001. An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Bennett H. Brummer, Public Defender, and Valerie Jonas and Carlos F. Gonzalez, Assistant Public Defenders, for appellant. Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler, Assistant Attorney General, for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

Because the circumstantial evidence relied upon by the State

was insufficient as a matter of law to establish guilt, we reverse the defendant's conviction for trespass to a conveyance. See R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984).

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