ANDREW STUCKEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-06-08
No. 81-1606
Before HUBBART, C. J., and HENDRY and JORGENSON, JJ.
414 So. 2d 1160 Florida District Court of Appeal, Third District (1982) Caution
Cited by 12 cases
Topics
Aider And Abettor Liability Reasonable Hypothesis Of Innocence Specific Intent Reasonable Doubt

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

The defendant’s conviction for second degree grand theft and resisting arrest is reversed. The circumstantial evidence fails to establish beyond a reasonable doubt that defendant had the specific intent to participate as an aider and abettor in the crime charged. Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979), cert. denied, 379 So. 2d 209 (Fla.1980). Although his conduct in driving the actual perpetrator to and from the scene of the shoplifting, Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); Pack v. State, supra, in combination with other questionable after-the-fact behavior, J. O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980) and cases cited, might be suggestive of guilt, such evidence is insufficient to exclude a reasonable hypothesis of innocence generated by defendant’s explanation of his presence at the time and place of the commission of the crime. See Pack v. State, supra; J. H. v. State, supra; Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968).

Reversed and remanded with directions to discharge the defendant.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Collins v. State, 438 So. 2d 1036 (Fla. 2d DCA 1983)
    …ided to prove the offense charged, the evidence lacks the conclusive nature to support the conviction. Gustine v. State, 86 Fla. 24, 97 So. 207 (1923); Chaudoin at 402; G.C. at 640. Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); Stuckey v. State, 414 So. 2d 1160 (Fla. 3d DCA 1981). In the case sub judice, four inferences had to be made from the circumstances and evidence presented, namely that (1) the car appellant was driving was in fact the car that dropped off Scott; (2) appellant was the person driving…
  • Henderson v. State, 679 So. 2d 805 (Fla. 3d DCA 1996)
    …only to introduce competent evidence which is inconsistent with the defendant’s theory of events.” 559 So. 2d at 189 (Footnote and citation omitted). We have carefully reviewed the cases brought to our attention by Henderson. In Stuckey v. State, 414 So. 2d 1160 (Fla. 3d DCA 1982), this Court noted that the State had failed to present evidence sufficient to exclude the defendant’s explanation of events, whereas such was accomplished here. In A.Y.G. v. State, 414 So. 2d 1158 (Fla. 3d DCA 1982), this Court co…
  • Hurd v. State, 440 So. 2d 691 (Fla. 1st DCA 1983)
    …under Section 812.014, Florida Statutes (1981). State v. Allen, 362 So. 2d 10 (Fla.1978). The circumstantial evidence sub judice is insufficient to exclude a reasonable hypothesis of innocence in regard to James Hurd’s intent. Cf. Stuckey v. State, 414 So. 2d 1160 (Fla. 3d DCA 1982); Cellman v. State, 371 So. 2d 181 (Fla. 3d DCA 1979); McWatters v. State, 375 So. 2d 624 (Fla. 4th DCA 1979). The trial court also erred in conducting the trial without a jury. No waiver of the right to a jury trial appears in th…

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