Elizabeth Zater Wing v. Rodney Clarence Wing

The State of Florida petitions this Court to reflex Pennington v. State, 526 So.2d 87 (Fla. 4th DCA 1987), in which the Fourth District Court of Appeal held that the respondent had not waived his right to contest the trial courts denial of his motion for judgment of acquittal where a codefendants testimony supplied the essential elements for the states prima facie case against the respondent during the defenses case. In reversing the conviction, the district court expressly recognized conflict with Adams v. State, 367 So.2d 635 (Fla. 2d DCA), cert. denied, 376 So.2d 68 (Fla. 1979), and certified the following question as one of great public importance: