IN THE INTEREST OF R. W. G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence presented was insufficient to establish guilt for burglary.
A juvenile was found delinquent for burglary. The evidence showed he was acquainted with the perpetrators, was outside the premises, and knew what the…
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OTT, Judge.
Appellant was charged with burglary. The juvenile division of the circuit court found the charge to be true and, accordingly, adjudged him to be a delinquent.
We reverse. The only evidence established merely that appellant was acquainted with two minors who committed the burglary, that he was outside the premises being burglarized, and that he knew what the actual perpetrators were doing. There was no evidence that he entered the premises at any time, or that he did anything whatsoever which aided or assisted in the commission of the crime. There was no evidence which could even give rise to an inference of any such activity on appellant’s part.
The evidence was totally insufficient to establish appellant’s guilt. Such as it was, it was not inconsistent with the reasonable hypothesis that, as he claimed, appellant had refused to participate in the crime in any way. Such evidence does not support a conviction. Pack v. State, 381 So. 2d 1199 (Fla.2d DCA 1980).
The order is reversed.
SCHEB, C. J., and GRIMES, J., concur.
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Citator
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Collins v. State, 438 So. 2d 1036 (Fla. 2d DCA 1983)…ticipation with criminal intent, and mere presence at the scene, including driving the perpetrator to and from the scene or a display of questionable behavior after the fact, is not sufficient to establish participation. Interest of R.W.G. v. State, 395 So. 2d 1279 (Fla. 2d DCA 1981); Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); G.C. v. State, 407 So. 2d 639 (Fla. 3d DCA 1981). Where two or more inferences in regard to the existence of criminal intent and criminal acts must be drawn from the evidence an…
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G. C. v. State, 407 So. 2d 639 (Fla. 3d DCA 1981)…ome word which was intended to and which did incite cause, encourage, assist or induce another person to- actually commit the crime. Ryals v. State, 112 Fla. 4, 150 So. 132 (1933); J.L.B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981); R.W.G. v. State, 395 So. 2d 1279 (Fla. 2d DCA 1981); Chaudoin v. State, 362 So. 2d 398 (Fla. 2d DCA 1978). The state implores that the necessary elements of intent and act may be inferred — because G.C. knew that Delgado was going to commit a crime and was present during Delgado’…
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T.J.T. v. State, 460 So. 2d 508 (Fla. 3d DCA 1984)…petrator to or from the scene of the crime. . E.g., Collins v. State, 438 So. 2d 1036 (Fla. 2d DCA 1983); Miller v. State, 420 So. 2d 631 (Fla. 2d DCA 1982); G.C. v. State, supra; J.L.B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981); R.W.G. v. State, 395 So. 2d 1279 (Fla. 2d DCA 1981). . We note that proof of the stealthful entry into the curtilage of a building has been found sufficient to constitute the offense of burglary of a structure located on the premises. Tobler v. State, 371 So. 2d 1043 (Fla. 1st DCA…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)