W.J., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Judge.
With continuing reluctance, we are once again required to hold that the evidence against the juvenile respondent is insufficient to establish that he was guilty of the theft for which he was adjudicated delinquent either as the active perpetrator or as an aider and abettor. The victim was unable to identify W.J. as the one of two boys in the vicinity who actually grabbed her necklace and there is no showing that he committed any act which aided or assisted in the offense.1 Therefore, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989)…that it has been stolen.3 Thus, I would hold that a hitchhiker or joy rider like E.L.S. who merely gets into or stays in a car, even knowing that it has been stolen by the driver, is simply not [*300] guilty of any statutory crime.4 W.J. v. State, 406 So. 2d 60 (Fla. 3d DCA 1981). I necessarily believe, therefore, that D.N. v. State, 529 So. 2d 1217, 1221 (Fla. 1st DCA 1988), which, although recognizing that “a finding of guilt in these situations seems rather farfetched,” reaches just that conclusion, was…1 / 2
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D.H. v. State, 521 So. 2d 388 (Fla. 3d DCA 1988)…the record fails to demonstrate that the state proved the identity of the appellant as the perpetrator of the crime; we therefore reverse the adjudication and order D.H. discharged. See Z.P. v. State, 440 So. 2d 601 (Fla.3d DCA 1983); W.J. v. State, 406 So. 2d 60 (Fla. 3d DCA 1981); Ponsell v. State, 393 So. 2d 635 (Fla. 4th DCA 1981). Reversed.…
Authorities Cited
- J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981)
- 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)