N.S.L. v. State

Full title: N.S.L., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 14, 1978

356 So. 2d 66 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1951.

March 14, 1978.

Appeal from Circuit Court, Dade County; Dixie Herlong Chastain, Judge.

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and NATHAN and HUBBART, JJ.

NATHAN, Judge.

N.S.L., a juvenile, was charged by petition for delinquency with burglary and grand larceny. He was tried and adjudicated delinquent for burglary and petit larceny. Careful review of the record discloses that the trial court erred in entering an adjudication of delinquency, as the evidence in this case fails to exclude every reasonable hypothesis of innocence that may be derived from the facts. Mayo v. State, 71 So.2d 899, 904 (Fla. 1954); Sanders v. State, 344 So.2d 876 (Fla. 4th DCA 1977).

Reversed.