M.F., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A juvenile was adjudicated delinquent for grand theft after being found in a stolen vehicle. The court affirmed the delinquency adjudication but reduced the charge to the lesser included offense of trespass to a conveyance, finding insufficient evidence of grand theft but sufficient evidence of trespass.
The court affirmed the adjudication of delinquency but reduced the finding from grand theft to trespass to a conveyance, holding that insufficient evidence supported grand theft but the evidence established trespass to a conveyance in violation of section 810.08, Florida Statutes.
[1] A finding of delinquency may be predicated upon a violation of a felony, a misdemeanor, contempt of court, or a violation of a local penal ordinance.
[2] A conviction for grand theft requires proof beyond a reasonable doubt that refutes any reasonable hypothesis of innocence.
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“the state failed to refute M.F.'s explanation for his presence in the vehicle, and thus, a reasonable hypothesis of innocence remained as to grand theft”
Establishes that insufficient evidence supported the grand theft conviction because the state did not disprove the juvenile's innocent explanation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA police officer discovered M.F. seated in the driver's seat of a stolen automobile parked in a closed towing company lot with the radio on. M.F. clai…
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BASKIN, Judge.
M.F., a juvenile, appeals an adjudication of delinquency predicated upon a finding of guilt as to the charge of grand theft. We affirm the adjudication of delinquency after reducing the finding to trespass to a conveyance.
A police officer discovered M.F. in an automobile parked in a closed towing company lot. M.F. was seated in the driver’s seat with his head tilted back and his eyes closed, listening to the car radio. The officer observed that the hood of the car was warm and the rear window and the steering column were broken. The automobile had been reported missing two days earlier. M.F. explained to the officer that he was merely sleeping in the car and that he listened to music when he slept. The state charged M.F. with delinquency predicated on grand theft, burglary, and criminal mischief. After considering the evidence, the court dismissed the burglary and criminal mischief counts, but found M.F. guilty of grand theft and adjudicated him delinquent. M.F. filed this appeal.
M.F. argues that the trial court erred in finding him delinquent for committing grand theft. M.F. is correct in asserting that the record does not contain sufficient evidence of guilt under section 812.-014, Florida Statutes (Supp.1987); the state failed to refute M.F.’s explanation for his presence in the vehicle, and thus, a reasonable hypothesis of innocence remained as to grand theft. M.F. v. State, 549 So. 2d 225 (Fla. 3d DCA 1989); E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989).
However, the evidence establishes that M.F. committed the lesser included offense of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987). G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990); see B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA, 1982); J.B. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981). Accordingly, the finding of delinquency is affirmed as modified. See B.D. v. State.
Affirmed.
. We need not question the propriety of reducing a charge to an offense which is not necessarily a lesser included offense of the crime charged as the basis for a finding of delinquency. Section 39.01(9), Florida Statutes (Supp. 1988), defines a "[c]hild who has committed a delinquent act" as "a child who ... is found by a court to have committed a felony, a misdemean-or, contempt of court, or a violation of a local penal ordinance." M.F. is a juvenile. G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990); see also State v. C.C., 476 So. 2d 144 (Fla.1985) (juvenile proceedings are different in nature from criminal proceedings).
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Jones v. State, 666 So. 2d 960 (Fla. 3d DCA 1996)…pass in a conveyance.5 We find no merit in the remaining points on appeal raised by the defendant, and, therefore, the final judgment of conviction and sentence under review is, in all respects, Affirmed. JORGENSON, J., concurs. . M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990); G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990), affd, 572 So. 2d 1380 (Fla. 1991); see also E.W. v. State, 560 So. 2d 388 (Fla. 3d DCA 1990); R.L.B. v. State, 562 So. 2d 739 (Fla. 3d DCA 1990), rev. dismissed, 575 So. 2d 651 (…
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T.S. v. State, 675 So. 2d 196 (Fla. 4th DCA 1996)…ere was insufficient evidence that appellant possessed the specific criminal intent required by section 812.014, Florida Statutes (1993), to sustain a conviction for auto theft. See Wright v. State, 616 So. 2d 1069 (Fla. 3d DCA 1993); M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990). We therefore reverse the charge of auto theft with instructions that the trial court dismiss the charge against appellant. Affirmed in part; Reversed in part with instructions to discharge. DELL and KLEIN, JJ., concur.…
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K.H. v. State, 620 So. 2d 1114 (Fla. 5th DCA 1993)…1380 (Fla.1991) (merely being a passenger in a stolen automobile did not support a charge of burglary of the automobile but did establish trespass to a conveyance; adjudication of delinquency can be affirmed on the basis of trespass); M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990) (evidence that juvenile was sitting in an automobile with its rear window broken did not establish the offense of theft but was sufficient to establish trespass to a conveyance; adjudication of delinquency based on a finding of gu…
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
- State v. C.C., 476 So. 2d 144 (Fla. 1985)
- G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)
- E.L.S. v. State, 547 So. 2d 298 (Fla. 3d DCA 1989)
- B. D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982)
- M.F. v. State, 549 So. 2d 225 (Fla. 3d DCA 1989)
- S.S. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981)