L. S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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BASKIN, Judge.
We reverse the adjudication of delinquency by the commission of a battery entered against defendant L.S. Although circumstantial evidence disclosed that defendant was present with another child when motorcycle gloves were taken from the victim’s back pocket and he was pushed from behind causing him to fall, the evidence was insufficient to prove beyond a reasonable doubt that defendant was the unseen person who pushed the victim. State v.
V. D. B., 270 So. 2d 6 (Fla.1972).
The evidence is entirely circumstantial and must therefore be consistent with guilt and inconsistent with any reasonable hypothesis of innocence.
J. O. v. State, 384 So. 2d 966 (Fla.3d DCA 1980); Pack v. State, 381 So. 2d 1199 (Fla.2d DCA 1980).
The evidence was also insufficient to prove that defendant was an aider and abettor.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.M. v. State, 664 So. 2d 42 (Fla. 4th DCA 1995)…ths threw the one the which struck him. R.M. argues that, in the absence of proof that he touched or caused bodily harm to the manager, he could not have been convicted of battery under section 784.03, Florida Statutes (1993), citing L.S. v. State, 391 So. 2d 329 (Fla. 3rd DCA 1980). In L.S. the defendant was one of two youths who could have pushed the victim from behind; however, there was no evidence that the appellant was the youth who actually did the pushing, and the court reversed a conviction for batt…
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W.J. v. State, 406 So. 2d 60 (Fla. 3d DCA 1981)…ore, as we did on virtually identical facts in J.L.B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981), we must reverse the adjudication entered below and order W.J. discharged. See also, E.H.K. v. State, 405 So. 2d 495 (Fla. 3d DCA 1981); L.S. v. State, 391 So. 2d 329 (Fla. 3d DCA 1980). Reversed. . As in J.L.B. v. State, 396 So. 2d 761, 762, n. 1 (Fla. 3d DCA 1981) we assume arguendo the sufficiency of the showing that W.J. possessed the criminal intent which is also an element of aiding and abetting.…
Authorities Cited
- Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)
- J. O. and R. G. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980)
- State v. In the Interest of V. D. B., 270 So. 2d 6 (Fla. 1972)