L. A., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, L.A., a juvenile, appeals from an adjudication of delinquency for theft entered by the Circuit Court of Dade County-
The trial court placed the appellant under supervision of the Division of Youth Services.
The sole point on appeal is whether the court erred in denying appellant’s motion for judgment of acquittal based on the ground that the evidence wholly failed to prove that the property in appellant’s possession was that which had been stolen from the truck. We hold that there was merit in the motion and that the motion for acquittal should have been granted. Carson v. State, 205 So. 2d 340 (Fla. 3d DCA 1967); Hornbrook v. State, 321 So. 2d 127 (Fla. 1st DGA 1975), and Longshaw v. State, 343 So. 2d 1290 (Fla. 3d DCA 1977).
The order appealed is reversed with directions to discharge the appellant.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In the Interest of S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987)…nference becomes significant, the evidence must be sufficient to show that the property found in defendant’s possession was the same property identified by the victim as stolen. Kearson v. State, 123 Fla. 324, 166 So. 832, 833 (1936); L.A. v. State, 369 So. 2d 677 (Fla. 3d DCA 1979). The absence of evidence to connect identified property with property found in the defendant’s possession has been held sufficient to support a motion for judgment of acquittal. See E.W. v. State, 379 So. 2d 1028 (Fla. 1st DCA 198…
Authorities Cited
- Jones v. Broward Cnty., 205 So. 2d 340 (Fla. 4th DCA 1968)
- Hornbrook v. State, 321 So. 2d 127 (Fla. 1st DCA 1975)
- Longshaw v. State, 343 So. 2d 1290 (Fla. 3d DCA 1977)