S.G., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the record did not support the trial court's finding that the appellant's actions showed intent to rob, thus reversing the adjudication of delinquency.
Appellant was part of a group that attacked a victim. While the victim was on the ground, one boy took his jewelry, but the victim could not identify …
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[*295] PER CURIAM.
Appellant, S.G., appeals from an adjudication of delinquency based on a charge of armed robbery. We reverse.
Appellant was standing in a group of ten boys. The victim, a schoolmate of appellant, walked by the group. Appellant struck the victim in the face and then the other boys joined in, repeatedly hitting and kicking the victim.
When the victim was on the ground, one of the boys took the victim’s jewelry. The victim was unable to ascertain which of the boys took the jewelry.
In order to be convicted as a principal for a crime physically committed by another, one must intend that the crime be committed and do some act to assist the other person in actually committing the crime. Staten v. State, 519 So. 2d 622 (Fla.1988).
Intent can be proven either by showing that a defendant had the requisite intent himself, or that he knew that the principal had the intent. Stark v. State, 316 So. 2d 586 (Fla. 4th DCA 1975), cert. denied, 328 So. 2d 845 (Fla.1976).
Intent may be proven circumstantially. J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985). However, for circumstantial evidence to be sufficient proof beyond a reasonable doubt, the evidence must preclude every reasonable inference that the defendant did not intend to participate in the crime. See K.W.U. v. State, 367 So. 2d 647 (Fla. 3d DCA), cert. denied, 378 So. 2d 349 (Fla.1979).
The record does not support the trial court’s finding that appellant’s actions showed his intent, in any manner, to rob the victim. Accordingly, we reverse.
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Evans v. State, 643 So. 2d 1204 (Fla. 1st DCA 1994)…y be proven either by showing that the aider and abettor had the requisite intent himself, or that he knew that the principal had the intent. Stark v. State, 316 So. 2d 586 (Fla. 4th DCA 1975), cert. denied, 328 So. 2d 845 (Fla.1976); S.G. v. State, 591 So. 2d 294 (Fla. 3d DCA 1991). Evans admitted by his own statement that he knew that the principals had the intent to commit the crime before they left the house. Thus, there is ample authority for concluding that Evans had the requisite intent. The majority…
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C.B.B. v. State, 135 So. 3d 1139 (Fla. 1st DCA 2014)…iewing court observed in S.G. v. State, “[i]n order to be convicted as a principal for a crime physically committed by another, one must intend that the crime be committed and do some act to assist the other person in actually committing the crime.” 591 So. 2d 294, 295 (Fla. 3d DCA 1991) (citing Staten v. State, 519 So. 2d 622 (Fla.1988)). Further, “[m]ere knowledge that an offense is being committed is not the same as participation with criminal intent, and mere presence at the scene ... is not sufficient to…
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R.H. v. State, 649 So. 2d 299 (Fla. 2d DCA 1995)…hit the victim one time but said that he did not take any jewelry from the victim. However, he did identify the person who grabbed the victim’s gold chain during the scuffle. The facts in this case are virtually identical to those in S.G. v. State, 591 So. 2d 294 (Fla. 3d DCA 1991). S.G. was standing with a group of boys. The victim walked by the group and was struck in the face by S.G. The other boys joined in and repeatedly hit and kicked the victim. While the victim was on the ground, one of the boys took…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Staten v. State, 519 So. 2d 622 (Fla. 1988)
- J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985)
- K. W. U. v. State, 367 So. 2d 647 (Fla. 3d DCA 1979)
- Stark v. State, 316 So. 2d 586 (Fla. 4th DCA 1975)