G.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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G.D., a juvenile, was adjudicated delinquent for grand theft of an automobile, burglary of the vehicle, trespass, and criminal mischief. The court affirmed his convictions for auto theft, vehicle burglary, and trespass, but reversed the criminal mischief convictions due to insufficient evidence.
Merely being a passenger in a stolen vehicle does not constitute auto theft, but by taking overt action to aid and abet the driver in concealing the stolen vehicle in the garage, G.D. was correctly adjudicated for auto theft. The court affirmed convictions for auto theft, vehicle burglary, and trespass based on sufficient evidence, but reversed the criminal mischief convictions due to insufficient evidence.
[1] A passenger in a stolen vehicle, without more, may be guilty of trespass to a conveyance but not theft of the vehicle.
[2] A person who aids and abets the concealment of a stolen vehicle can be held accountable for the auto theft.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“knowingly being a passenger in a stolen vehicle, without more, constitutes only the offense of trespass to a conveyance, but not theft of the vehicle”
Establishes that mere passenger status is insufficient for auto theft liability
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Join FLexlaw to unlock all legal intelligenceG.D. was a passenger in a stolen vehicle driven to his house. The driver and G.D. then drove to a vacant house near G.D.'s home, where G.D. assisted i…
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PER CURIAM.
Appellant G.D., respondent below, appeals his adjudication of delinquency for grand theft of an automobile, burglary of the same vehicle, trespass and criminal mischief. We affirm in part and reverse in part.
G.D. contends that he was a mere passenger in a stolen vehicle and therefore cannot be guilty of auto theft. Taking the evidence in the light most favorable to the State, someone else stole the automobile and drove it to G.D.’s house. G.D. went on a joyride as a passenger in the vehicle. The driver and G.D. then took the vehicle to a vacant house near G.D.’s own house. G.D. assisted the driver in opening the garage door at the empty house, and G.D. helped direct the car into the garage, after which the garage door was closed. The entry into the vacant house was without the owner’s permission. We have held that knowingly being a passenger in a stolen vehicle, without more, constitutes only the offense of trespass to a conveyance, but not theft of the vehicle. See G.C. v. State, no. 88-2571 (Fla. 3d DCA, opinion filed Jan. 30,1990).
In the present case, however, the driver of the vehicle committed the theft of the automobile, an offense which continued for the duration of the use of the vehicle on the night in question. See §§ 812.012(2), 812.014(1), Fla.Stat. (1987) (“obtains or uses”).
By taking overt action to assist the driver in concealing the vehicle in the garage of the unoccupied dwelling, G.D. aided and abetted the auto theft and therefore was correctly adjudicated delinquent on that charge. See M.D.V. v. State, 469 So. 2d 944 (Fla. 5th DCA 1985); see also Staten v. State, 519 So. 2d 622, 624 (Fla. 1988); T.J.T. v. State, 460 So. 2d 508, 509 (Fla. 3d DCA 1984).
G.D. next contends that there was insufficient evidence to sustain the adjudication of delinquency for burglary of an .automobile pursuant to section 810.02, Florida Statutes (1987). We disagree. Having sustained the adjudication of theft, we conclude that the circumstances support a determination that G.D. entered or remained in the conveyance, without the consent of the owner, with intent to commit an offense therein, namely, the auto theft. We likewise conclude that there was sufficient evidence to support the adjudication for trespass to the unoccupied dwelling in the garage of which the automobile was placed.
G.D. is correct, however, in contending that there is insufficient evidence to support his adjudication of having committed two counts of criminal mischief. The adjudication as to those two counts is reversed.
Affirmed in part, reversed in part.
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State v. Stephens, 586 So. 2d 1073 (Fla. 5th DCA 1991)…ld an adjudication of delinquency for burglary of an automobile based on a determination that the juvenile entered or remained [*1077] in the conveyance with the intent to commit an offense therein, namely the theft of the automobile. G.D. v. State, 557 So. 2d 123 (Fla. 3d DCA 1990). . Sections 817.014(1) and 817.014(2)(c)4, Fla. Stat. (1987). . Section 810.02(1), Fla.Stat. (1987). . Section 316.1935, Fla.Stat. (1987). . Sections 806.13(l)(a) and 806.13(l)(b)(3), Fla. Stat. (1987). . Art. I, § 16, Fla. C…
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Coffin v. Brandau, 642 F.3d 999 (11th Cir. 2011)…. The majority cites no authority for its assertion that deliverymen have the right to enter an attached, enclosed garage without consent. Indeed, it is unlawful in Florida to enter a residential garage without the owner’s permission. G.D. v. State, 557 So. 2d 123, 124 (Fla.Dist.Ct.App.1990) (holding that there “was sufficient evidence to support the adjudication for trespass to the unoccupied dwelling in the garage” when defendant entered the garage of a vacant house without the owner’s permission). In holdi…
Authorities Cited
- Staten v. State, 519 So. 2d 622 (Fla. 1988)
- T.J.T. v. State, 460 So. 2d 508 (Fla. 3d DCA 1984)
- M.D.V. v. State, 469 So. 2d 944 (Fla. 5th DCA 1985)