Laine v. State (838 So. 2d 1242, 2003)

PER CURIAM.

We reverse appellant’s conviction because there was insufficient evidence that it was appellant who committed the crime. See Pagan v. State, 830 So.2d 792, 803 (Fla.2002)(ruling that “if the State’s evidence is wholly circumstantial, not only must there be sufficient evidence establishing each element of the offense, but the evidence must also exclude the defendant’s reasonable hypothesis of innocence”). Accordingly, we remand with directions that the trial court vacate the judgment of conviction and order placing appellant on probation and enter a judgment of acquittal. See Hubbard v. State, 828 So.2d 494 (Fla. 1st DCA 2002).

REVERSED and REMANDED, with directions.

DAVIS, BROWNING and POLSTON, JJ., concur.