Fipps v. State

PER CURIAM.

Appellant challenges his conviction and sentence for burglary of a dwelling. We find the trial court erred in denying appellant’s motion for judgment of acquittal. The State failed to provide sufficient evidence identifying appellant as the second perpetrator of the burglary. Therefore, we reverse and remand with instructions that appellant be discharged.

REVERSED AND REMANDED, with instructions.

WOLF, PADOVANO, and MARSTILLER, JJ., concur.