R. M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BASKIN, Judge.
We reverse the order adjudging defendant R. M. delinquent. Defendant’s conviction of grand theft was not supported by the evidence; the state failed to prove that R. M. knew the bicycle had been stolen. State v. Lewis, 364 So. 2d 1223 (Fla.1978); State v. Allen, 362 So. 2d 10 (Fla.1978); Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981); A.R. v. State, 393 So. 2d 1174 (Fla. 3d DCA 1981). Defendant’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section 812.014, Florida Statutes (1979).
Reversed with directions to discharge defendant.
HENDRY, J., dissents.
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Jackson v. State, 736 So. 2d 77 (Fla. 4th DCA 1999)…2d 750 (Fla. 3d DCA 1986); J.J. v. State, 463 So. 2d 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,…
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E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989)…he record. The state failed to prove that E.L.S. knew the truck in which he was riding was stolen. State v. Lewis, 364 So. 2d 1223 (Fla.1978); State v. Allen, 362 So. 2d 10 (Fla.1978); R.M. v. State, 450 So. 2d 897 (Fla. 3d DCA 1984); R.M. v. State, 412 So. 2d 44 (Fla. 3d DCA 1982). His unrefuted, exculpatory, and not unreasonable, explanation that the driver told him the truck belonged to the driver’s uncle from whom it had recently been stolen and to whom it had been returned precluded conviction under sec…
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R.M. v. State, 450 So. 2d 897 (Fla. 3d DCA 1984)…ate failed to demonstrate that R.M. had either the requisite intent to steal the automobile or knowledge that the vehicle he was driving was stolen. State v. Lewis, 364 So. 2d 1223 (Fla.1978); State v. Allen, 362 So. 2d 10 (Fla.1978); R.M. v. State, 412 So. 2d 44 (Fla. 3d DCA 1982). R.M.’s “unrefuted, exculpatory and not unreasonable explanation of his possession” of the stolen automobile— that he borrowed it from his stepfather— “rendered the state’s case ... insufficient as a matter of law to establish gui…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Allen, 362 So. 2d 10 (Fla. 1978)
- State v. Lewis, 364 So. 2d 1223 (Fla. 1978)
- Fisk v. State, 138 Fla. 815 (Fla. 1939)
- A. R. v. State, 393 So. 2d 1174 (Fla. 3d DCA 1981)
- R. A. L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981)
- Rodriguez v. Rattan, 402 So. 2d 1337 (Fla. 3d DCA 1981)