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KEEN v. STATE

District Court of Appeal of Florida, Third District
Aug 11, 1976
335 So. 2d 583 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1729.

June 22, 1976. Rehearing Denied August 11, 1976.

Appeal from the Circuit Court, Dade County, George Orr, J.

Phillip A. Hubbart, Public Defender, and Yale T. Freeman, Special Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and William Grodnick, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


Defendant claims that the evidence upon which he was found guilty by a jury of breaking and entering with intent to commit grand larceny was legally insufficient because it was circumstantial and did not preclude the reasonableness of his own explanation for his presence at the scene. A review of the evidence not only shows glaring inconsistencies in defendant's story, but also completely fails to explain his exit from the house with a pillowcase filled with articles which the jury could reasonably have believed were removed from the premises. See Hernandez v. State, Fla.App. 1974, 305 So.2d 211.

Affirmed.


Summaries of

KEEN v. STATE

District Court of Appeal of Florida, Third District
Aug 11, 1976
335 So. 2d 583 (Fla. Dist. Ct. App. 1976)
Case details for

KEEN v. STATE

Case Details

Full title:ROBERT CHESTER KEEN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 11, 1976

Citations

335 So. 2d 583 (Fla. Dist. Ct. App. 1976)