D. D. S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-01-06
No. 78-693
Before HUBBART, C. J., NESBITT, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.
392 So. 2d 328 Florida District Court of Appeal, Third District (1981) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s adjudication of delinquency is reversed on a finding that the circumstantial evidence relied upon by the state was not shown to be inconsistent with a reasonable hypothesis of innocence. Circumstantial evidence did not rise to that reasonable certainty that the accused committed the offense. Pate v. State, 72 Fla. 97, 72 So. 517 (1916); see also, 13 Fla.Jur. Evidence § 417 and cases cited therein.

Reversed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Claro E. Guardado v. State, 562 So. 2d 696 (Fla. 3d DCA 1990)
    …ar-dado’s nolo contendere plea waived his claim for relief on this appeal. Prior decisions of this court hold that the effect of a defendant’s plea is to waive any claim of double jeopardy with respect to the convictions involved. Anderson v. State, 392 So. 2d 328 (Fla. 3d DCA 1981); see Hines v. State, 401 So. 2d 878 (Fla. 3d DCA 1981); Taylor v. State, 401 So. 2d 877, 878 (Fla. 3d DCA 1981); Davis v. State, 392 So. 2d 947, 949 n. 2 (Fla. 3d DCA 1980); see also Peel v. State, 150 So. 2d 281, 297 (Fla. 2d DCA…
  • Borges v. State, 394 So. 2d 1046 (Fla. 4th DCA 1981)
    …otion of a free society that constitutional protections can be stripped away by a scrivener’s acuity in drafting a charging document. Cf. Aiello v. State, 390 So. 2d 1205 (Fla. 4th DCA 1980). The Third District Court of Appeal in Anderson v. State, 392 So. 2d 328 (Fla. 3d DCA 1981), dealt with the same issue presented in Portee, but seems to have fashioned a different test, one which I submit is realistic and passes constitutional muster. Like Portee, Anderson was charged with sale and possession. He plead n…
  • Novaton v. State, 610 So. 2d 726 (Fla. 3d DCA 1992)
    …in this district, a waiver of a Cleveland -type violation with respect to multiple convictions takes place when the defendant voluntarily pleads guilty to the allegedly duplicitous charges in question. Guardado, 562 So. 2d at 696; Anderson v. State, 392 So. 2d 328 (Fla. 3d DCA 1981). Contra Arnold v. State, 578 So. 2d 515 (Fla. 4th DCA 1991); Kurtz v. State, 564 So. 2d 519 (Fla. 2nd DCA 1990). We reiterate that holding here. Challenge To Sentences Waived. The defendant, however, argues that a mere plea does…

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