A.M., III, A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A.M., III, a juvenile, was adjudicated delinquent for burglary based on circumstantial evidence and inadmissible hearsay testimony. The court reversed, finding the evidence legally insufficient to support a conviction beyond a reasonable doubt.
The evidence was legally insufficient to sustain the adjudication. The case rested solely on inadmissible hearsay testimony and circumstantial evidence that was consistent with a reasonable hypothesis of innocence, failing to establish appellant's guilt beyond a reasonable doubt.
[1] Hearsay testimony regarding an unsworn, out-of-court statement about a defendant's guilt is inadmissible under exceptions to the hearsay rule.
[2] Circumstantial evidence is legally insufficient to sustain a conviction if it is inconsistent with a reasonable hypothesis of the defendant's innocence.
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Join FLexlaw to unlock all legal intelligence“After examining the evidence presented against appellant, it is quite apparent that the state's case rested solely upon hearsay testimony and circumstantial evidence of a highly suspect nature.”
Establishes the fundamental evidentiary weakness in the prosecution's case
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Join FLexlaw to unlock all legal intelligenceOn July 1, 1982, the Galloway residence was burglarized, and their dog and personal property were taken. Neighbors reported seeing a distinctive yello…
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BOARDMAN, Acting Chief Judge.
Appellant A.M., III, contests the sufficiency of the evidence supporting the trial court’s finding that he committed the delinquent act of burglary, in violation of section 810.02, Florida Statutes (1981). We reverse.
Appellant allegedly burglarized Russell and Deborah Galloway’s house on July 1, 1982, removing the Galloway dog and various items of personal property from the residence. Pursuant to defense counsel’s motions, the trial court suppressed appellant’s subsequent admission of guilt as well as incriminating, tangible evidence produced by appellant in conjunction with his confession. Thus, appellant’s adjudication was based solely on the following evidence.
Several of the victims’ neighbors testified that they noticed a suspicious-looking, dis tinctive yellow Volkswagen in the neighborhood on the day of the crime; some neighbors later observed the victims’ dog jump out of a similar vehicle two miles from the Galloway home. Six days after the burglary, while driving six to ten miles from the scene of the crime, Russell Galloway spotted a yellow Volkswagen matching the vehicle described by his neighbors. Appellant was apprehended and questioned when the vehicle sighted by Galloway proved to be registered to appellant’s father. Over defense counsel’s objection, an investigating officer was permitted to testify that appellant’s father conferred with appellant in private and then informed the officer that appellant had committed the crime. Appellant’s father later testified in his son’s behalf and denied having apprised the officer of his son’s guilt.
After examining the evidence presented against appellant, it is quite apparent that the state’s case rested solely upon hearsay testimony and circumstantial evidence of a highly suspect nature. The investigating officer’s testimony concerning the father’s unsworn, out-of-court statement regarding appellant’s guilt presents a classic example of hearsay testimony which is not admissible under any exception to the hearsay rule. See §§ 90.801-.804, Fla.Stat. (1981); Cox v. State, 394 So. 2d 237 (Fla. 1st DCA 1981). Thus, defense counsel’s objection to this evidence should have been sustained.
The state’s circumstantial evidence was not inconsistent with appellant’s reasonable hypothesis that someone else perpetrated the crime and, consequently, is not legally sufficient to sustain his adjudication. See Thomas v. State, 374 So. 2d 508 (Fla.1979); C.M. v. State, 434 So. 2d 5 (Fla. 2d DCA 1983). Indeed, none of the neighbors actually witnessed the burglary, observed the occupants of the suspicious-looking, yellow Volkswagen, or obtained the vehicle’s license number. No fingerprints or other physical evidence linking appellant to the crime was admitted into evidence. That appellant customarily drove a yellow Volkswagen which resembled a vehicle observed in the victims’ neighborhood on the day of the crime does not establish his identity as the perpetrator of the offense beyond a reasonable doubt. Thus, this evidence is legally insufficient to sustain the trial court’s finding of guilt. See Tibbs v. State, 397 So. 2d 1120 (Fla.1981).
Accordingly, we REVERSE appellant’s adjudication and REMAND with directions to discharge appellant.
SCHEB and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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D.C. v. State, 442 So. 2d 289 (Fla. 3d DCA 1983)…he adjudication of delinquency is reversed upon a holding that the evidence presented at trial was circumstantial and failed to exclude every reasonable hypothesis of innocence. Redding v. State, 357 So. 2d 483 (Fla. 3d DCA 1978). See A.M. v. State, 440 So. 2d 478 (Fla. 2d DCA 1983). In addition, mere presence at the scene of a crime is insufficient to establish intent to participate. G.C. v. State, 407 So. 2d 639 (Fla.3d DCA 1981). See also T.M. v. State, 415 So. 2d 904 (Fla.3d DCA 1982); D.M. v. State, 394…
Authorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Thomas v. State, 374 So. 2d 508 (Fla. 1979)
- COX v. State, 394 So. 2d 237 (Fla. 1st DCA 1981)
- In the Interest of C.M. v. State, 434 So. 2d 5 (Fla. 2d DCA 1983)