REINALDO DEMETRIO MENESES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
WHEREAS, the judgment of this court was entered on July 3,1979 (372 So. 2d 1152) reversing the order of the Circuit Court of Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court's judgment by certiorari, the Supreme Court of Florida, 392 So. 2d 905, by its opinion and judgment dated January 8,1981 now lodged in this court, quashed this court’s judgment.
NOW, THEREFORE, It is Ordered that the judgment of this court filed July 3,1979 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the order of the trial court is reinstated and affirmed. Costs allowed shall be taxed in the criminal court (Rule 9.400(a) Florida Rules of Appellate Procedure).
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J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)…acquaintance, stood there while the crime took place, and ran off after it occurred. This is simply insufficient 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;…
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J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985)…s that the appellant was merely a witness to the crime. 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 disch…
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In the Interest of T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983)…a circumstantial evidence case the evidence must not only prove guilt beyond a reasonable doubt but, also, must be sufficient to exclude every reasonable hypothesis of innocence. Harrison v. State, 104 So. 2d 391 (Fla. 1st DCA 1958); D.M. v. State, 394 So. 2d 520 (Fla. 3d DCA 1981); J.O. & R.G. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980). The circumstances proved in this case fail to exclude a reasonable hypothesis of innocence. The alleged burglary was supposedly committed in concert with Ricky, who is T.S…1 / 2
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Meneses v. State, 372 So. 2d 1152 (Fla. 3d DCA 1979)