I.T., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; J.J., APPELLANT, V. STATE OF FLORIDA, APPELLEE
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Two juveniles appealed adjudications of delinquency for grand theft auto. The court affirmed the adjudications but on the alternative ground of trespass in a conveyance, finding the evidence insufficient to prove the specific intent required for grand theft auto.
The court held that the evidence was insufficient to establish grand theft auto because it did not prove the specific intent to deprive or appropriate the vehicle. The court affirmed the adjudications on the alternative ground of trespass in a conveyance, holding that appellate courts may affirm juvenile adjudications on alternative grounds not constituting necessary lesser included offenses.
[1] Evidence of merely sleeping in a stolen vehicle does not establish the specific intent required for grand theft auto.
[2] An appellate court may affirm a juvenile adjudication of delinquency on an alternative ground that is not a necessary lesser included offense of the original charge.
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“Because of the broad language in the omnibus theft statute, "use" of an automobile requires proof of the specific intent either to "deprive" the owner of a right to the property or to "appropriate" the property to the accused's own use.”
Establishes the legal standard for grand theft auto requiring proof of specific intent
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Join FLexlaw to unlock all legal intelligenceOn October 20, 1993, police found a stolen white Dodge Caravan in a parking lot with four juveniles inside, including I.T. and J.J., who appeared to h…
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ALTENBERND, Judge.
I.T. and J.J. appeal their adjudications of delinquency based on the offense of grand theft auto.1 We affirm the adjudications based on the offense of trespass in a conveyance.
On October 20,1993, at approximately 2:30 a.m., several Gulfport police officers investigated a white Dodge Caravan parked in a parking lot behind a branch bank. The van had no tags, was dented, and the window behind the driver’s seat was broken and partially covered with a towel. A computer search of the vehicle identification number revealed that the van was listed as stolen. There were four juveniles in the van, including I.T. and J.J., who apparently had been asleep. The investigating officers discovered two tags inside the vehicle, one of which belonged to the van. The van contained broken glass, women’s clothing, school books, and two purses. Neither I.T. nor J.J. made any incriminating statements to the police.
The state filed delinquency petitions against both I.T. and J.J., each alleging the offense of grand theft auto. See § 812.014(2)(c), Fla.Stat. (1993). At the adjudicatory hearing, two officers and the owner of the van testified. I.T. and J.J. were each adjudicated delinquent based on a finding that they had committed the offense of grand theft auto.
The line between theft of an auto and trespass in a conveyance is not easily drawn. Because of the broad language in the omnibus theft statute, “use” of an automobile requires proof of the specific intent either to “deprive” the owner of a right to the property or to “appropriate” the property to the accused’s own use. State v. G.C., 572 So. 2d 1380 (Fla.1991). In this case, there is no evidence that either juvenile did more than sleep in the vehicle one evening under circumstances that might suggest that the vehicle had been stolen by someone. This evidence does not establish the offense of grand theft auto.
As in G.C., we conclude that the evidence does support a finding of trespass in a conveyance. § 810.08(1), Fla.Stat. (1993). That offense is not a category one lesser included offense of grand theft auto. In a criminal case, an appellate court may only direct the trial court to enter a conviction on a category one lesser included offense. See Gould v. State, 577 So. 2d 1302 (Fla.1991). In G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990), the Third District held that an appellate court may affirm a juvenile adjudication on an alternative ground that is not a necessary lesser included offense. In G.C., the supreme court approved this procedure. See also M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990); B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982).
In N.C. v. State, 581 So. 2d 647 (Fla. 4th DCA 1991), the Fourth District followed a different procedure and reversed an adjudication of delinquency for grand theft auto and discharged the juvenile defendant based on Gould. We conclude that the supreme court did not intend to overrule G.C. in Gould, which is properly limited to adult criminal cases. See § 39.01(9), Fla.Stat. (1993) (adjudication of delinquency may be predicated on alternative grounds). Accordingly, we certify conflict with N.C. We affirm the adjudications of delinquency but direct the trial court to modify its findings to reflect trespass in a conveyance as the basis for the adjudications.
Affirmed as modified.
DANAHY, A.C.J., and FULMER, J., concur. . These cases have been consolidated for purposes of this appeal.
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State v. Sigler, 967 So. 2d 835 (Fla. 2007)…niles involved in that case had in fact been adjudicated delinquent of the offense charged — grand theft of a motor vehicle. The Second District Court of Appeal determined that the evidence did not support a charge of grand theft. See I.T. v. State, 657 So. 2d 1241 (Fla. 2d DCA 1995), quashed, 694 So. 2d 720 (Fla.1997). The Second District directed the trial court, however, to enter an adjudication for the lesser offense of trespass in a conveyance, an offense which is not a necessarily lesser-included offense…
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I.T. v. State, 694 So. 2d 720 (Fla. 1997)…PER CURIAM. We have for review the decision in I.T. v. State, 657 So. 2d 1241 (Fla. 2d DCA 1995), which the district court of appeal certified to be in conflict with the opinion in N.C. v. State, 581 So. 2d 647 (Fla. 4th DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Petitioners I.T. and J.J., both juveniles…1 / 2
Authorities Cited
- State v. G.C., 572 So. 2d 1380 (Fla. 1991)
- Buckley v. State, 577 So. 2d 1302 (Fla. 1991)
- G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)
- B. D. v. State, 412 So. 2d 70 (Fla. 1st DCA 1982)
- M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990)
- In the Interest of N.C. v. State, 581 So. 2d 647 (Fla. 4th DCA 1991)