DONALD WAYNE FITZPATRICK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-02-22
No. 82-729
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
426 So. 2d 1293 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. State v. Allen, 335 So. 2d 823 (Fla.1976); Knight v. State, 402 So. 2d 435 (Fla. 3d DCA 1981).


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  • C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988)
    …nted because the evidence as to proof of ownership of the automobile which the appellant was charged with attempting to burglarize was woefully deficient to support the finding that the appellant had committed such attempted burglary. R.D. v. State, 426 So. 2d 1293 (Fla.3d DCA 1983); O’Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978); State v. Ward, 354 So. 2d 125 (Fla. 3d DCA 1978). We reverse that portion of the trial court’s order which found that the appellant had committed the offense of attempted bur…
  • A.H. v. State, 428 So. 2d 754 (Fla. 2d DCA 1983)
    …grand theft. Therefore, the trial court should have granted A.H.’s motion for judgment of acquittal at the close of the state’s case, and certainly should have granted such at the close of all the evidence. Failure to do so was error. R.D. v. State, 426 So. 2d 1293 (Fla. 3d DCA 1983); T.M. v. State, 415 So. 2d 904 (Fla.3d DCA 1982) and D.M. v. State, 394 So. 2d 520 (Fla.3d DCA 1981). Furthermore, the evidence was insufficient to justify an adjudication of delinquency based upon the premise that A.H. aided an…

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