G.S., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the trial court’s adjudication of delinquency and remand with directions to discharge G.S. The trial court’s determination that G.S. committed grand theft was erroneous because the only evidence introduced at trial to support the charge was based on hearsay. See Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981); Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), rev. denied, 411 So. 2d 384 (Fla.1981); see also Smart v. State, 274 So. 2d 577 (Fla. 2d DCA 1973).
We also agree that G.S. could not have been convicted of possession of a motor vehicle with a missing VIN number in violation of section 320.33, Florida Statutes (1981), because the state totally failed to demonstrate that G.S. had actual or constructive possession of the truck in question. See Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984).
Finally, we conclude that there is utterly no evidence to support a charge of criminal mischief.
We accordingly reverse and remand with directions to discharge G.S.
Reversed and remanded with directions.
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Carroll v. State, 497 So. 2d 253 (Fla. 3d DCA 1985)…arrest. In those situations, the otherwise illegal arrests cannot be insulated from challenge by the decision of the instigating officer to rely on fellow officers to make the arrests.7 See Whiteley, 401 U.S. at 568, 91 S.Ct. at 1037; Albo v. State, 477 So. 2d 1071 (Fla. 3d DCA 1985); Hansen v. State, 385 So. 2d 1081 (Fla. 4th DCA), review denied, 392 So. 2d 1379 (Fla.1980); State v. Harrington, 307 So. 2d 466 (Fla. 2d DCA 1974). In the instant case, however, since the instigating officer did have probable cau…
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Shadler v. State, 761 So. 2d 279 (Fla. 2000)…rations [of the Florida Highway Patrol] ... shall perform the following duties ... (d) Conduct close liaison with the Director of the Drivers License Division, Motor Vehicle Division, and Florida Department of Law Enforcement.” . Cf. Albo v. State, 477 So. 2d 1071, 1076 (Fla. 3d DCA 1985) (cautioning that the exclusionary rule is necessary to prevent "careless, perhaps deliberately neglectful, failure to delete names from [the list of people subject to apprehension] on ... the correct theory that the longer t…
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Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Westley Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984)
- Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981)
- Rain v. Smith, 274 So. 2d 577 (Fla. 1st DCA 1973)