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PER CURIAM. Appellant challenges his conviction and sentence for burglary of a dwelling. We find the trial court erred in denying appellant’s motion for judgment of acquittal. The State failed to provide sufficient evidence identifying appellant as the second perpetrator of the burglary. Therefore, we reverse and remand with instructions that appellant be discharged.
REVERSED AND REMANDED, with instructions.
WOLF, PADOVANO, and MARSTILLER, JJ., concur.
Document Info
Docket Number: No. 1D10-2421
Citation Numbers: 68 So. 3d 365
Judges: Marstiller, Padovano, Wolf
Filed Date: 8/23/2011
Precedential Status: Precedential
Modified Date: 8/26/2021