STATE v. SMYLY

No. 93-3414.

646 So.2d 238 (1994)

STATE of Florida, Appellant, v. David J. SMYLY, Appellee.

District Court of Appeal of Florida, Fourth District.

November 16, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Jack A. Fleischman, West Palm Beach, for appellee.


FARMER, Judge.

The trial judge granted a motion for judgment of acquittal after the jury had returned a verdict of guilty. Because we find that the evidence was legally sufficient to defeat the motion, we reverse that order. Equally obvious to us is that the trial judge actually concluded that the weight and credibility of the evidence would not support a verdict of guilty. We therefore treat the order as granting a motion for a new trial and, as treated, we affirm...

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