IN THE INTEREST OF D. E. I., JUVENILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-07-18
No. 72-206
Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.
264 So. 2d 857 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, a juvenile, was adjudicated delinquent because he was found to be in possession of a firearm. This appeal was duly prosecuted and urges insufficiency of the evidence to support a finding that the juvenile had possession of the firearm. With commendable candor, the State concedes the lack of evidence to show possession in the juvenile and confesses error. See: Lawson v. State, Fla.App.1971, 251 So.2d 683.

We therefore dispense with oral argument pursuant to Rule 3.10, subd. e, F.A.R., 32 F.S.A., and reverse the adjudication determining the juvenile to be delinquent, with directions to discharge him from said proceeding.

Reversed and remanded with directions.


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    …or other merchandise at below market cost and then never received the merchandise or his money back was admissible as this evidence was introduced to establish a common scheme or design and therefore was relevant. See State v. Fisher, Fla.App.1972, 264 So. 2d 857. Thus, this argument of appellant must fail. Appellant secondly argues that the evidence was insufficient to support the conviction. [*389] After a review of the record, we conclude that there was competent substantial evidence contained therein to…

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