Duncan v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CANDACE LEANN DUNCAN, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D12-1840 Opinion filed December 18, 2013. Appeal from the Circuit Court for Polk County; Beth Harlan, Judge. Howard L. Dimmig, II, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee. KELLY, Judge. Candace Leann Duncan challenges her conviction and sentence for grand theft from a dwelling. After having carefully reviewed the record in this circumstantial evidence case, we conclude that the State did not meet its burden to offer evidence that was inconsistent with Duncan's reasonable hypothesis of innocence. See State v. Law, 559 So. 2d 187, 188 (Fla. 1989); Linn v. State, 921 So. 2d 830, 834 (Fla. 2d DCA 2006). Accordingly, we reverse Duncan's conviction for grand theft and the final judgment of restitution. Reversed. WALLACE and BLACK, JJ., Concur. -2-
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