J. O. AND R. G., JUVENILES, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the circumstantial evidence presented was insufficient to support the adjudication of delinquency for attempted robbery.
Two juveniles were present at the scene of an attempted purse snatching, taunted the victim afterward, and fled when police arrived. They did not touc…
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DANIEL S. PEARSON, Judge.
J.O. and R.G., adjudicated, delinquent by having committed an attempted robbery, contend that the circumstantial evidence relied on by the State was insufficient to support the adjudications. We agree and reverse.
The totality of the State’s evidence, viewed in a light most favorable to it, shows (a) the presence of these juveniles at the scene when a third person attempted to snatch a woman’s purse, (b) their later participation in the obnoxious behavior of taunting the woman, and (c) their flight upon the arrival of a police car. The juveniles did not touch the victim, nor did they say or do anything to assist the perpetrator in his efforts to take the purse.
Since the evidence of the intent of the juveniles to participate in the commission of the crime is entirely circumstantial, it must not only be consistent with guilt, but also inconsistent with any reasonable hypothesis of innocence. Pack v. State, 381 So. 2d 1199 (2d DCA 1980); K.W.U. v. State, 367 So. 2d 647 (Fla. 3d DCA 1979). Neither presence at the scene, Pack v. State, supra; Chaudoin v. State, 362 So. 2d 398 (Fla. 2d DCA 1978), nor flight from the scene, Pack v. State, supra; J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979); Williams v. State, 206 So. 2d 446 (Fla. 4th DCA 1968), nor other equivocal after-the-fact behavior, Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968), is sufficient, even in combination with each other, to exclude reasonable hypotheses of innocence.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)…ufficient to establish the overt assistance or participation which is required to justify an adjudication as an aider and abettor. D. M. v. State, 394 So. 2d 520 (Fla. 3d DCA 1981); P. R. v. State, 389 So. 2d 1078 (Fla. 3d DCA 1980); J. O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980); J. H. v. State, supra (alternative holding), and cases cited. Under the law we are bound to apply, see, D. M. v. State, supra; Ruiz v. State, 388 So. 2d 610, 613 (Fla. 3d DCA 1980), review denied, 392 So. 2d 1380 (Fla. 1981), J.L…
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…dication based on a burglary finding reversed); Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981) (state’s evidence deemed insufficient to establish requisite criminal intent for a contempt conviction; contempt conviction reversed); J.O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980) (state's evidence deemed insufficient to establish a criminal intent by the juveniles to participate in an attempted purse snatch; delinquency adjudication based on attempted robbery finding reversed); Gellman v. State, 371 So. 2d…
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J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985)…rime. Presence at the scene of the offense and flight from the scene is legally insufficient to establish appellant’s guilt as an aider and abettor. J.L.B. v. State, 396 So. 2d at 762; D.M. v. State, 394 So. 2d 520 (Fla. 3d DCA 1981); J.O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980); Pack v. State, 381 So. 2d at 1200; J.H. v. State, 370 So. 2d at 1220. Therefore the order of adjudication and commitment is reversed and the case remanded with directions to discharge the appellant. Reversed and remanded.…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ira Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968)
- J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979)
- Clark Dean Chaudoin v. State, 362 So. 2d 398 (Fla. 2d DCA 1978)
- Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)
- Williams v. State, 206 So. 2d 446 (Fla. 4th DCA 1968)
- K. W. U. v. State, 367 So. 2d 647 (Fla. 3d DCA 1979)