YANEZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. 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). 2

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