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State v. Raines

District Court of Appeal of Florida, First District
Dec 17, 1998
723 So. 2d 880 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3597

Opinion filed December 17, 1998.

An appeal from the Circuit Court for Escambia County. Terry Terrell, Judge.

Robert A. Butterworth, Attorney General; Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellant.

Leo A. Thomas, of Levin, Middlebrooks, Thomas, Mitchell, Green, Echsner, Proctor and Papantonio, Pensacola, for Appellee.


In the case at bar, we are asked to review an order of the trial court granting appellee's motion for judgment of acquittal entered after appellee was found guilty by a jury of the crime of theft of trade secrets. We reverse and remand the cause with directions to reinstate the jury's verdict.

We are admonished in Tibbs v. State, 397 So.2d 1120 (Fla. 1981), that a judgment of acquittal should not be affirmed on appeal if the State has adduced competent, substantial evidence relating to each element of the crime; all conflicts in the evidence and all reasonable inferences drawn therefrom are to be resolved in favor of the jury verdict.See also Duval Util. Co. v. Florida Pub. Serv. Comm'n, 380 So.2d 1029, 1031 (Fla. 1980), quotingDe Groot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957).

We find that the record contains both direct and circumstantial evidence of the charged theft and that the item taken fits within the definition of trade secret.

Reversed with directions.

MINER and LAWRENCE, JJ., and McDONALD, PARKER LEE, Senior Judge, CONCUR.


Summaries of

State v. Raines

District Court of Appeal of Florida, First District
Dec 17, 1998
723 So. 2d 880 (Fla. Dist. Ct. App. 1998)
Case details for

State v. Raines

Case Details

Full title:STATE OF FLORIDA, Appellant, v. DOUGLAS D. RAINES, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 17, 1998

Citations

723 So. 2d 880 (Fla. Dist. Ct. App. 1998)