R. A. L., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-09-01
No. 80-1526
Before BARKDULL, SCHWARTZ and FERGUSON, JJ.
402 So. 2d 1337 Florida District Court of Appeal, Third District (1981) Caution
Cited by 25 cases
Topics
Inference Of Knowledge Of Stolen Property Sufficiency Of Evidence

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Opinion of the Court
SCHWARTZ, Judge.

SCHWARTZ, Judge.

The adjudication of delinquency under review is reversed with directions to discharge the appellant. Just as in A. R. v. State, 393 So. 2d 1174 (Fla.3d DCA 1981), the respondent’s unrefuted, exculpatory, and not unreasonable explanation of his possession of a stolen moped — that he bought it at a flea market — rendered the state’s case, which was based solely on the inference provided by Section 812.022(2), Florida Statutes (1979),1 without any additional incriminating circumstances, insufficient as a matter of law to establish guilt. Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); A. R. v. State, supra, and cases cited; Schectman v. State, 220 So. 2d 657 (Fla.3d DCA 1969); see State v. Young, 217 So. 2d 567 (Fla.1968), cert. denied, 396 U.S. 853, 90 S.Ct. 112, 24 L.Ed.2d 101 (1969); compare Burroughs v. State, 221 So. 2d 159 (Fla.2d DCA 1969); Borghese v. State, 158 So. 2d 785 (Fla.3d DCA 1963).

Reversed.

. (2) Proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen, [e. s.]

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (23 total)

  • Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985)
    …ad borrowed stolen automobile from his stepfather); R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984) (unrefut-ed explanation that juvenile had purchased stolen property in damaged condition from a boy named Rodney Middleton); and R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981) (juvenile’s unrefuted explanation that he bought stolen Moped at a flea market). The state argues that the reasonableness of appellant’s explanation is a jury question. Thus, in State v. Carroll, 404 So. 2d 844 (Fla. 5th DCA 1981…
  • Jackson v. State, 736 So. 2d 77 (Fla. 4th DCA 1999)
    …d 1168 (Fla. 3d DCA 1984); R.M. v. State, 450 So. 2d 897 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984); McNeil v. State, 433 So. 2d 1294 (Fla. 1st DCA 1983); R.M. v. State, 412 So. 2d 44 (Fla. 3d DCA 1982); R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981). II At first blush, it is difficult to reconcile the two lines of cases relied upon by the parties. To properly determine how the section 812.022(2) inference should operate, it is necessary to place the statute in its historica…
  • E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989)
    …Statutes (1987). R.M., 450 So. 2d at 897; R.M., 412 So. 2d at 44; B.L.W. v. State, 393 So. 2d 59 (Fla. 3d DCA 1981); see also, P.L.C. v. State, 458 So. 2d 800 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984); R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981). Reversed and remanded. NESBITT and BASKIN, JJ., concur.…

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