Opinion

In the Interest of R. W. G. v. State

  • 395 So. 2d 1279
  • 1981 Fla. App. LEXIS 19060
Court
District Court of Appeal of Florida
Filed
Apr 1, 1981
Status
Published
Author
Ott
On the bench
Grimes, Ott, Scheb
Cited by
10 cases
Authority
More cited than 89.3%

The opinion

OTT, Judge.

Appellant was charged with burglary. The juvenile division of the circuit court found the charge to be true and, accordingly, adjudged him to be a delinquent.

We reverse. The only evidence established merely that appellant was acquainted with two minors who committed the burglary, that he was outside the premises being burglarized, and that he knew what the actual perpetrators were doing. There was no evidence that he entered the premises at any time, or that he did anything whatsoever which aided or assisted in the commission of the crime. There was no evidence which could even give rise to an inference of any such activity on appellant’s part.

The evidence was totally insufficient to establish appellant’s guilt. Such as it was, it was not inconsistent with the reasonable hypothesis that, as he claimed, appellant had refused to participate in the crime in any way. Such evidence does not support a conviction. Pack v. State, 381 So.2d 1199 (Fla.2d DCA 1980).

The order is reversed.

SCHEB, C. J., and GRIMES, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.