R.M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1984-05-22
No. 83-1069
Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.
450 So. 2d 897 Florida District Court of Appeal, Third District (1984) Caution
Cited by 26 cases
Topics
Adjudication Of Delinquency Grand Theft

Explore caselaw by topic → Browse Adjudication Of Delinquency cases and more on FLexlaw

Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

We reverse the order adjudicating R.M. delinquent based upon our finding that the conviction for grand theft was not supported by the evidence. The state 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 guilt.” R.A.L. v. State, 402 So. 2d 1337 (Fla. 3d DCA 1981). See Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); R.M. v. State; A.R. v. State, 393 So. 2d 1174 (Fla. 3d DCA 1981).

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (13 total)

  • Coleman v. State, 466 So. 2d 395 (Fla. 2d DCA 1985)
    …rgues, however, that the explanation. of how he acquired the stolen items was sufficient to dispel any inference of guilt and that since it was unrefuted, he was entitled to a judgment of acquittal. For this proposition he relies upon R.M. v. State, 450 So. 2d 897 (Fla. 3d DCA 1984) (unrefuted explanation that juvenile had borrowed stolen automobile from his stepfather); R.D.S. v. State, 446 So. 2d 1181 (Fla. 3d DCA 1984) (unrefut-ed explanation that juvenile had purchased stolen property in damaged condition…
  • Jackson v. State, 736 So. 2d 77 (Fla. 4th DCA 1999)
    …So. 2d 298 (Fla. 3d DCA 1989); M.M. v. State, 547 So. 2d 139 (Fla. 1st DCA 1989); B.P. v. State, 515 So. 2d 423 (Fla. 3d DCA 1987); Valdez v. State, 492 So. 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,…
  • E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989)
    …hat his conviction for theft is not supported by the 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…

Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw