K. W. U., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PEARSON, Judge.
The controlling question presented on this appeal is whether the rule that when circumstantial evidence is relied upon to prove guilt, it must be consistent only with guilt and must exclude every reasonable hypothesis of innocence, see Davis v. State, 90 So. 2d 629 (Fla.1956), and Forbes v. State, 210 So. 2d 246 (Fla. 3d DCA 1968), is applicable when the only element proved by circumstantial evidence is the intent of the defendant to participate in a crime which he did not commit, but for which he is charged as an aider and abettor. We hold that the rule is applicable, and in the case of a defendant charged as an aider and abettor, the circumstantial evidence relied upon to show his intent to participate must be such as to preclude every reasonable inference that he did not intend to participate in the crime. Cf. Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); and Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968).
The judgment declaring K. U., a juvenile, a delinquent is reversed.
Reversed.
BARKDULL, J., dissents.
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Citator
Cited By (17 total)
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J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979)…ch the state necessarily relies — that J.H. was present at the scene of the crime and fled after it had been committed — was manifestly insufficient to exclude a reasonable hypothesis of innocence and thus to permit an affirmance. K. W. U. v. State, 367 So. 2d 647 (Fla. 3d DCA 1979). A long line of cases involving similar facts has established that such evidence does not exclude the reasonable inference that the defendant had no knowledge of the crime until it actually occurred, and thus that he did not inten…
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J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)…ck. Both boys immediately fled the scene. J.L.B. was found soon afterwards hiding under a bus. Since no one could identify the one juvenile who took the jewelry, it must of course be assumed that it was not the present appellant. K. W. U. v. State, 367 So. 2d 647 (Fla. 3d DCA 1979), cert, denied, 378 So. 2d 349 (Fla.1979). J.L.B. could be found [*762] guilty, therefore, only as an aider or abettor of the thief. That conclusion may not lawfully be drawn from the evidence. To reverse the order of emphasis we g…
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…); Falin v. State, 367 So. 2d 675 (Fla. 3d DCA 1979) (state's evidence deemed insufficient to establish possession or guilty knowledge in an unlawful possession of drugs case; conviction for possession of contraband drugs reversed); K.W.U. v. State, 367 So. 2d 647 (Fla. 3d DCA), cert, denied, 378 So. 2d 349 (Fla.1979) (state's evidence deemed insufficient to establish criminal intent by juvenile to participate in crime as aider and abetter; circumstantial evidence rule held applicable; delinquency adjudicatio…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoyt Dan Davis v. State, 90 So. 2d 629 (Fla. 1956)
- Johnnell Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972)
- Ira Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968)
- Forbes v. State, 210 So. 2d 246 (Fla. 3d DCA 1968)