D.L., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the State failed to present sufficient evidence to prove the juvenile knew the vehicle was stolen, which is a required element for a trespass conviction in this context.
[1] A conviction for trespass in a conveyance requires proof that the defendant knew the conveyance was stolen.
[2] Flight alone is insufficient evidence to establish a defendant's consciousness of guilt for trespass.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA juvenile was charged with auto theft and related offenses. While evidence suggested the juvenile was in a stolen vehicle that crashed with a police …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion For Judgment Of Dismissal cases and more on FLexlaw
D.L., a juvenile, appeals the trial court’s order denying his motion for judgment of dismissal and conviction for trespass. We reverse because the State’s evidence was insufficient to support an adjudication for trespass.
The State charged D.L. with multiple counts related to the theft of an automobile. On November 27, 2012, Miami-Dade Police identified the location of a stolen Volkswagen Jetta and set up surveillance in the surrounding area. Officer Mario Del Los Santos testified that he observed four individuals enter the vehicle. As Officer Del Los Santos approached the vehicle from the rear with his police cruiser, the driver of the Jetta put the vehicle in reverse and collided with the police cruiser. Officer Del Los Santos then saw D.L. exit the driver’s side of the vehicle and run past his police cruiser.
Officer Danny Fals testified that he saw D.L. drive the Jetta, and that after the crash, D.L. exited the vehicle and fled. Officer Fals also testified that he may have told the fellow officer who compiled the report that D.L. sat in the rear behind the driver’s seat. He explained, alternatively, that he might have stated that D.L. was the driver, but that the officer who wrote the report may have mixed up the facts.
The State introduced evidence of damage to the interior of the Jetta. Officer Kevin Williams testified that the keyhole in the ignition was “punched,” meaning that someone tampered with the ignition as a means of starting the vehicle without its key. The keyhole was enlarged to approximately twice the size of a normal keyhole. Daniel Gonzalez testified that when the police returned his vehicle to him, he observed that the original seat covers were missing and some of the upholstery was damaged.
The defense moved for judgment of dismissal on all counts arguing that the State failed to prove D.L. was the driver, and that D.L. lacked knowledge of the vehicle’s stolen nature. The State argued there was consciousness of guilt because of D.L.’s flight, the damaged upholstery and the punched ignition. The trial court granted the motion in part, dismissing two counts of criminal mischief, stating “I have no idea who broke the upholstery or the steering column.” The trial continued as to the other counts.
Defense witness Acel Franco testified that he was also a passenger in the Jetta on the night of November 27, 2012. He stated that D.L. sat next to him in the backseat behind the driver. Franco said he was aware the vehicle was stolen from a conversation he had with the driver named Franklin. D.L. was not present during that conversation.
The trial court ultimately found D.L. not guilty on all counts associated with being the driver, namely: aggravated battery, aggravated assault, burglary and fleeing *501and eluding. The trial court nevertheless found D.L. guilty of trespass, stating that “his flight convinces me that he had knowledge of the stolen nature of this vehicle, and that his entry into the vehicle would be trespass.” D.L. argues on appeal that the trial court erred when it denied his motion for judgment of dismissal and found him guilty of trespass because the State failed to prove that he knew the vehicle was stolen.
We review the trial court’s denial of D.L.’s motion for judgment of dismissal de novo. L.J. v. State, 971 So.2d 942, 943 (Fla. 3d DCA 2007). We view the evidence and all reasonable inferences in a light most favorable to the State. J.W.J. v. State, 994 So.2d 1223, 1224 (Fla. 1st DCA 2008). So long as competent, substantial evidence supports the verdict, the denial of a motion for judgment of dismissal will not be reversed on appeal. Id. at 1225.
We disagree with the State that D.L.’s conviction for trespass was supported by competent, substantial evidence. Section 810.08(1), Fla. Stat. (2012), provides: “Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance ... commits the offense of trespass in a structure or conveyance.” Where, as here, the trespass involves a stolen vehicle, the State is required to prove the defendant’s knowledge of the vehicle’s stolen nature. E.A.B. v. State, 851 So.2d 308, 310 (Fla. 2d DCA 2003); J.D. v. State, 604 So.2d 936, 937 (Fla. 3d DCA 1992)(upholding a conviction for trespass when the trial court was entitled to believe based on the evidence that the defendant had knowledge the vehicle was stolen and willfully entered the vehicle with that knowledge).
The State failed to present any evidence to establish that D.L. knew or should have known that the vehicle was stolen. Furthermore, it is unclear whether D.L. was the driver or a backseat passenger due to Officer Fals’ conflicting testimony, and although the State presented additional evidence of the punched ignition, the State did not present evidence that one could see the ignition from the backseat. Moreover, the trial court, as trier of fact, made a specific finding that D.L. was not the driver.
While evidence of flight is admissible and relevant to demonstrate a defendant’s consciousness of guilt, see Escobar v. State, 699 So.2d 988, 995 (Fla.1997), flight, standing alone, is insufficient to warrant a verdict of guilty. R.M. v. State, 763 So.2d 1060, 1062 (Fla. 4th DCA 1999). Thus, D.L.’s conviction was not supported by competent, substantial evidence sufficient to support an adjudication for trespass.
Accordingly, the trial court erred when it denied D.L’s motion for judgment of dismissal, and we reverse D.L.’s conviction for trespass.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
T. A. K. v. State, 258 So. 3d 559 (Fla. 2d DCA 2018)…e, 151 So. 3d 48, 50 (Fla. 4th DCA 2014). Evidence that a person who was in a stolen vehicle fled from law enforcement is, by itself, insufficient to prove the knowledge element. E.A.B., 851 So. 2d at 310; A.H., 151 So. 3d at 50; D.L. v. State, 138 So. 3d 499, 501 (Fla. 3d DCA 2014). - 4 - Here, the keys to the car were found in the center console next to L.R., and the car had no damage indicating that it had been stolen. Taken in the light most favorable to the State, a reasonable interpretation o…
-
I.B. v. State, 239 So. 3d 773 (Fla. 3d DCA 2018)…firm the trial court’s denial of the judgment of dismissal and affirm the order finding I.B. delinquent of the offense of resisting an officer without violence. We review de novo the trial court’s denial of a judgment of dismissal, D.L. v. State, 138 So. 3d 499 (Fla. 3d DCA 2014), and consider the evidence presented, and the reasonable inferences therefrom, in a light most favorable to the State, to determine whether substantial competent evidence supports the trial court’s determinations. K.S.H. v. St…
-
C.T. v. State, 238 So. 3d 857 (Fla. 3d DCA 2017)…was no damage to the vehicle indicating it had been broken into and his friend represented that his grandmother was permitting [*862] him to drive the vehicle). C.T. did not flee when approached and stopped by the police officers, cf. D.L. v. State, 138 So. 3d 499, 501 (Fla. 3d DCA 2014) (stating rule that evidence of flight is relevant to demonstrate a defendant's consciousness of guilt), and there was no evidence that C.T. gave the police officers an explanation for his possession of the car that differed f…
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
- Escobar v. State, 699 So. 2d 988 (Fla. 1997)
- Vidal Soto v. State, 851 So. 2d 308 (Fla. 3d DCA 2003)
- J.W.J. v. State, 994 So. 2d 1223 (Fla. 1st DCA 2008)
- R.M. v. State, 763 So. 2d 1060 (Fla. 4th DCA 1999)
- L.J. v. State, 971 So. 2d 942 (Fla. 3d DCA 2007)
- Hernandez v. Hernandez, 604 So. 2d 936 (Fla. 3d DCA 1992)