Opinion

R. M. v. State

  • 412 So. 2d 44
  • 1982 Fla. App. LEXIS 19736
Court
District Court of Appeal of Florida
Filed
Apr 6, 1982
Status
Published
Author
Baskin
On the bench
Baskin, Genson, Hendry, Jor
Cited by
14 cases
Authority
More cited than 88.7%

finding juvenile’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction for grand theft

How later courts described this case

  • finding juvenile’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction for grand theft
  • juvenile’s conviction of grand theft not supported by evidence where state failed to prove that juvenile knew bicycle had been stolen
  • involving defendant who borrowed bicycle from a friend

Written by the judges who cited it.

The opinion

BASKIN, Judge.

We reverse the order adjudging defendant R. M. delinquent. Defendant’s conviction of grand theft was not supported by the evidence; the state failed to prove that R. M. knew the bicycle had been stolen. State v. Lewis, 364 So.2d 1223 (Fla.1978); State v. Allen, 362 So.2d 10 (Fla.1978); Fisk v. State, 138 Fla. 815 , 190 So. 10 (1939); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981); A.R. v. State, 393 So.2d 1174 (Fla. 3d DCA 1981). Defendant’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section 812.014, Florida Statutes (1979).

Reversed with directions to discharge defendant.

HENDRY, J., dissents.

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.

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