E. C., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-07-17
No. 73-63
Before PEARSON and HAVERFIELD, JJ., and MELVIN, WOODROW M., Sr., Associate Judge.
280 So. 2d 492 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 4 cases
Topics
Competent Substantial Evidence

Explore caselaw by topic → Browse Competent Substantial Evidence cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

On appeal from an adjudication of delinquency for unlawfully receiving, buying or concealing stolen property [Fla.Stat., § 811.16, F.S.A.], we considered carefully the record and briefs of counsel and are of the belief that there does not appear of record competent substantial evidence to support the finding of the trial judge. We are in agreement with appellant’s able counsel that the proof went to the theft of the tape recorder in question rather than the “receiving, buying or concealing stolen property”. We therefore must reverse the order adjudicating appellant a delinquent as this court has held in Ketelsen v. State, Fla.App.1968, 211 So.2d 853 and Thomas v. State, Fla.App.1968, 216 So.2d 25 that “one who steals property or is a principal to the theft can not be convicted of receiving, buying, concealing, or aiding in concealing, or aiding in concealing the property stolen”.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Emmitt v. McWHIRTER, 325 So. 2d 463 (Fla. 1st DCA 1976)
    …e stole the cards, McWhirter could not be convicted of a charge that he “did buy, receive or aid in the concealment” of them. Johnson v. State, 226 So. 2d 884 (Fla.App.2d, 1969); Ketelsen v. State, 211 So. 2d 853 (Fla.App. 3d, 1968); E. C. v. State, 280 So. 2d 492 (Fla.App.3d, 1973). But if, as Mc-Whirter’s evidence implies, Rusty stole the cards while McWhirter danced with the victim, McWhirter could be convicted if the jury believed also that McWhirter was “a confederate of the actual thief who was present…
  • Godby v. State, 334 So. 2d 660 (Fla. 4th DCA 1976)
    …[*661] PER CURIAM. This judgment of conviction of receiving stolen property is reversed on authority of Ketelsen v. State, 211 So. 2d 853 (Fla.App. 3d 1968); Thomas v. State, 216 So. 2d 25 (Fla.App. 3rd 1968); and E. C. v. State, 280 So. 2d 492 (Fla.App. 3rd 1973), and the cause is remanded with directions to discharge the appellant from custody. REVERSED and REMANDED with directions. WALDEN, C. J., DOWNEY, J., and MORROW, RUSSELL O., Associate Judge, concur.…
  • S. W. P. v. State, 354 So. 2d 414 (Fla. 1st DCA 1978)
    …principal to the theft cannot be convicted of receiving, retaining, disposing or aiding in the concealment of stolen property. See Ketelsen v. State, 211 So. 2d 853 (Fla.3d DCA 1968); Thomas v. State, 216 So. 2d 25 (Fla.3d DCA 1968); E. C. v. State, 280 So. 2d 492 (Fla.3d DCA 1973); McWhirter v. State, 325 So. 2d 463 (Fla.1st DCA 1976); C. M. I. and A. R. v. State, 335 So. 2d 868 (Fla.3d DCA 1976). Reversed.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw