DORSEY v. STATE (2021)

District Court of Appeal of Florida, First District.

Raphael Lashun DORSEY, Appellant, v. STATE of Florida, Appellee.

No. 1D20-0378

Decided: March 31, 2021

Anthony B. Britt of The Britt Law Firm, P.L., Miami, for Appellant. Ashley Moody, Attorney General, and Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Mr. Dorsey appeals his convictions for several drug offenses claiming, among other things, that the evidence presented at trial was only circumstantial. We reject each of his arguments for reversal and write only to clarify that the reasonable hypothesis of innocence standard under which Mr. Dorsey asks us to review the denial of his motion for judgment of acquittal has been discontinued by the Florida Supreme Court. Bush v. State, 295 So. 3d 179, 201 (Fla. 2020). The reviewing standard in all cases, whether they are based on circumstantial evidence or not, is now whether “a rational trier of fact could have found the existence of the elements of the crime beyond a reasonable doubt.” Rogers v. State, 285 So. 3d 872, 891 (Fla. 2019) (quoting Bradley v. State, 787 So. 2d 732, 738 (Fla. 2001)). Because the evidence in this case met that standard, we affirm.

Affirmed.

Per Curiam.

Bilbrey, Nordby, and Long, JJ., concur.

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