C.P.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A minor was adjudicated delinquent for burglary and grand theft based on aiding and abetting theory. The appellate court reversed, holding that circumstantial evidence was insufficient to exclude reasonable hypotheses of innocence, particularly that the appellant may have simply been present with knowledge but without actually assisting the perpetrators.
The court reversed the adjudication of delinquency because the circumstantial evidence presented did not exclude every reasonable hypothesis of innocence. The state failed to prove both that the appellant assisted the perpetrators and that he intended to participate in the crime; mere knowledge, presence at the scene, and presence shortly before and after the crime are insufficient to establish aiding and abetting liability.
[1] Circumstantial evidence used to convict a defendant as an aider and abettor must exclude every reasonable hypothesis of innocence.
[2] Mere knowledge that an offense is being committed is insufficient to establish participation with the requisite criminal intent for aiding and abetting.
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Join FLexlaw to unlock all legal intelligence“Where the state relies on circumstantial evidence to establish the accused's assistance and intent to participate, it is necessary to exclude every reasonable hypothesis of innocence.”
Establishes the legal standard for aiding and abetting convictions based on circumstantial evidence
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Join FLexlaw to unlock all legal intelligenceA store was burglarized through a roof hatch, with approximately $2,000 in merchandise stolen. The appellant admitted being present in an automobile a…
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ERVIN, Judge.
C.P.P. appeals from an order of adjudication of delinquency, for the offenses of burglary and grand theft. He argues that the lower court erred in adjudicating him a delinquent child on the theory that he acted as an aider and abettor, because the evidence was insufficient to establish appel lant’s commission of such offenses in such capacity. We agree and reverse.
The evidence against appellant consists essentially of the testimony of a store manager stating that his store was burglarized, and that entry was accomplished through a roof hatch, resulting in the theft of approximately $2,000 worth of merchandise; and appellant’s confession, admitting his presence in an automobile at the store premises while two other persons left the car, and returned two and one-half hours later, placing four or five bags in the trunk. Appellant also admitted having prior knowledge that the two others intended to burglarize the store and take goods therefrom.
Finally, he admitted that another person remained in the car for the purpose of serving as a lookout.
We agree that appellant’s motion for judgment of acquittal should have been granted on the ground that the circumstantial evidence presented did not exclude every reasonable hypothesis of innocence.
To convict appellant as an aider and abettor, the state had to show that he (1) assisted the actual perpetrators by doing or saying something that caused, encouraged, assisted or incited the perpetrators to actually commit the crime; and (2) intended to participate in the crime. Howard v. State, 473 So. 2d 841 (Fla. 1st DCA 1985); Horton v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983). “Where the state relies on circumstantial evidence to establish the accused’s assistance and intent to participate, it is necessary to exclude every reasonable hypothesis of innocence.” J.W. v. State, 467 So. 2d 796, 797 (Fla. 3d DCA 1985).
In the case at bar, the state proved: (1) the burglary of the store; (2) appellant’s knowledge that the burglary was being committed; and (3) appellant’s presence at or near the store shortly before and after the burglary. As to the circumstance of appellant’s knowledge, the rule is clear that “mere knowledge that an offense is being committed is not the same as participation with the requisite criminal intent.” Horton, 442 So. 2d at 1066; Collins v. State, 438 So. 2d 1036, 1038 (Fla. 2d DCA 1983). Also, presence at the scene of the offense and flight from the scene are insufficient to establish participation.
J. W, 467 So. 2d at 797; Horton, 442 So. 2d at 1066. The state’s evidence before us did not eliminate the hypothesis that appellant “stopped and refused to act or participate in the commission of the crimefs], and thus, did not assist”. T.J.T. v. State, 460 So. 2d 508, 510 (Fla. 3d DCA 1984).
REVERSED.
JOANOS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Collins v. State, 438 So. 2d 1036 (Fla. 2d DCA 1983)
- T.J.T. v. State, 460 So. 2d 508 (Fla. 3d DCA 1984)
- J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985)
- Turner v. State, 442 So. 2d 1064 (Fla. 1st DCA 1983)
- Howard v. State, 473 So. 2d 841 (Fla. 1st DCA 1985)