Opinion

E.L.S. v. State

  • 14 Fla. L. Weekly 1872
  • 547 So. 2d 298
  • 1989 Fla. App. LEXIS 4511
Court
District Court of Appeal of Florida
Filed
Aug 8, 1989
Status
Published
On the bench
Baskin, Nesbitt, Schwartz
Cited by
23 cases
Authority
More cited than 95.2%

holding that the juvenile's unrefuted, exculpatory, and not unreasonable explanation that driver told him the truck in which he was riding belonged to driver's uncle precluded conviction for theft

How later courts described this case

  • holding that the juvenile's unrefuted, exculpatory, and not unreasonable explanation that driver told him the truck in which he was riding belonged to driver's uncle precluded conviction for theft
  • without evidence of separate criminal conduct, such as aiding and abetting the theft itself or being an' accessory after the fact of the crime, a passenger may not be found guilty of an offense related to the vehicle, even if he is aware that it has been stolen
  • involving driver who told defendant that truck belonged to driver's uncle

Written by the judges who cited it.

The opinion

PER CURIAM.

We reverse the order adjudicating E.L.S. delinquent because we find that his conviction for theft is not supported by the record. The state failed to prove that E.L.S. knew the truck in which he was riding was stolen. State v. Lewis, 364 So.2d 1223 (Fla.1978); State v. Allen, 362 So.2d 10 (Fla.1978); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); R.M. v. State, 412 So.2d 44 (Fla. 3d DCA 1982). His unrefuted, exculpatory, and not unreasonable, explanation that the driver told him the truck belonged to the driver’s uncle from whom it had recently been stolen and to whom it had been returned precluded conviction under section 812.014, Florida Statutes (1987). R.M., 450 So.2d at 897 ; R.M., 412 So.2d at 44 ; B.L.W. v. State, 393 So.2d 59 (Fla. 3d DCA 1981); see also, P.L.C. v. State, 458 So.2d 800 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So.2d 1181 (Fla. 3d DCA 1984); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981).

Reversed and remanded.

NESBITT and BASKIN, JJ., 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.

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