C.B., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence of automobile ownership was insufficient to support a finding of attempted burglary.
Appellant was charged with attempted burglary of an automobile. The alleged owner testified she owned the car, but did not confirm its presence or bur…
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PER CURIAM.
The appellant was found to have committed the offense of attempted burglary of an automobile, § 810.02, Fla.Stat. (1983), as charged in a petition for delinquency. The trial court withheld adjudication and placed the appellant in a program of community control.
The sole point raised on appeal is whether the court erred in denying the appellant’s motion for a judgment of acquittal contending the state had failed to prove ownership of the automobile which the appellant was charged with attempting to burglarize.
At the adjudicatory hearing the following testimony relevant to the issue on appeal was presented. The woman who allegedly owned the automobile in question testified that she owned an ’81 “Cutías,” white with a blue top, and that she had not given the appellant permission to enter or try to enter the car. She did not state that the car was in the parking lot on the night in question or that it had, in fact, been burglarized. The police officer who initially investigated the situation testified that the car near which he observed the appellant and a companion was a white ’81 “Olds”; he did not testify as to the vehicle’s identification number or tag number. We hold that the motion for a judgment of acquittal should have been granted 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 burglary, and remand with directions to enter a judgment of acquittal.
Reversed and remanded.
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Foster v. State, 557 So. 2d 634 (Fla. 3d DCA 1990)…t an individual of grand theft pursuant to section 812.014, Florida Statutes (1987), the state must prove the ownership of the stolen property in one other than the defendant. R.C. v. State, 481 So. 2d 14 (Fla. 1st DCA 1985); see also C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988); A.L. v. State, 359 So. 2d 583 (Fla. 3d DCA 1978); Wilcox v. State, 183 So. 2d 555 (Fla. 3d DCA 1966); Nelson v. State, 453 So. 2d 473 (Fla. 2d DCA 1984); O’Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978). Clara Suarez, the sol…
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C.O. v. State, 557 So. 2d 637 (Fla. 3d DCA 1990)…the white 1985 Toyota Camry stolen from Ms. Dixon at the 163rd Street shopping center on January 14th was the same vehicle as the white, four door car which Mr. August observed C.O. driving at 7742 N.W. 5th Court on January 15th. See C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988); J.G. v. State, 539 So. 2d 39 (Fla. 3d DCA 1988). Reversed.…
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T.E. v. State, 643 So. 2d 122 (Fla. 3d DCA 1994)…t on T.E.’s silence was not harmless and therefore requires reversal. See DiGuilio, 491 So. 2d at 1138. Accordingly, we reverse T.E.’s adjudication for trespass to a conveyance. See J.E.P. v. State, 561 So. 2d 10 (Fla. 3d DCA 1990); C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988); S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987). Reversed.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- O'Bryan v. State, 359 So. 2d 545 (Fla. 4th DCA 1978)
- State v. Ward, 354 So. 2d 125 (Fla. 3d DCA 1978)
- Fitzpatrick v. State, 426 So. 2d 1293 (Fla. 3d DCA 1983)