Maria Sullo v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 MARIA SULLO, Appellant, v. CASE NO. 5D02-2653 STATE OF FLORIDA, Appellee. / Opinion filed December 12, 2003. Appeal from the Circuit Court for Putnam County, Edward Hedstrom, Judge. James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM See Brothers v. State, 853 So. 2d 1124, 1125 (Fla. 5th DCA 2003) ("When the evidence against a criminally accused person is circumstantial, a motion for judgment of acquittal should be granted if the state fails to present evidence from which the jury can exclude every reasonable hypothesis except that of guilt"); see also Woods v. State, 733 So. 2d 980, 985 (Fla. 1999) (stating that in determining whether to grant a motion for judgment of acquittal, conflicting evidence must be viewed in the light most favorable to the state, and if there is competent, substantial evidence supporting a jury's verdict, the verdict will not be overturned on appeal). AFFIRMED. GRIFFIN, THOMPSON and TORPY, JJ., concur. -2-

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