Jackson, 736 So.2d at 84. See Dellechiaie v. State, 734 So.2d 423 (Fla. 2d DCA 1998); E.L.S. v. State, 547 So.2d 298 (Fla. 3d DCA 1989); M.M. v. State, 547 So.2d 139 (Fla. 1st DCA 1989); B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987);Valdez v. State, 492 So.2d 750 (Fla. 3d DCA 1986); J.J. v. State, 463 So.2d 1168 (Fla. 3d DCA 1984); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So.2d 1181 (Fla. 3d DCA 1984); McNeil v. State, 433 So.2d 1294 (Fla. 1st DCA 1983); R.M. v. State, 412 So.2d 44 (Fla. 3d DCA 1982); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981);A.R. v. State, 393 So.2d 1174 (Fla. 3d DCA 1981). In addition to the charge of dealing in stolen property, this line of cases has applied the reasoning of Graham to theft charges.
Jackson bases his argument on a line of cases beginning withA.R. v. State, 393 So.2d 1174 (Fla. 3d DCA 1981), which have reversed convictions based on the statutory inference alone, where a defendant's "unrefuted," reasonable, and innocent explanation for possessing stolen goods renders the evidence insufficient as a matter of law to establish guilt.See Dellechiaie v. State, 23 Fla. L. Weekly D 2052 (Fla. 2d DCA Sept. 4, 1998); E.L.S. v. State, 547 So.2d 298 (Fla. 3d DCA 1989); M.M. v. State, 547 So.2d 139 (Fla. 1st DCA 1989); B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987); Valdez v. State, 492 So.2d 750 (Fla. 3d DCA 1986); J.J. v. State, 463 So.2d 1168 (Fla. 3d DCA 1984); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So.2d 1181 (Fla. 3d DCA 1984); McNeil v. State, 433 So.2d 1294 (Fla. 1st DCA 1983); R.M. v. State, 412 So.2d 44 (Fla. 3d DCA 1982);R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981). II
The defendant's conviction for third-degree grand theft is affirmed since the evidence was sufficient. B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987). However, this cause is remanded to the trial court for resentencing within the statutory maximum.
The State concedes properly that the evidence at trial was insufficient to prove that the Defendant had the requisite intent to be found guilty as charged, and we therefore reverse the adjudication of delinquency and remand for appropriate proceedings. See B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); B.L.W. v. State, 393 So.2d 59 (Fla. 3d DCA 1981).
However, mere possession of stolen property is insufficient to establish guilt when there is an unrefuted, exculpatory, and not unreasonable explanation for the possession. McNeil v. State, 433 So.2d 1294, 1295 (Fla. 1st DCA 1983), and R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981); see also, Bunderick v. State, 528 So.2d 1247 (Fla. 1st DCA 1988); B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); compare J.J. v. State, 463 So.2d 1168 (Fla. 3d DCA 1984) (juvenile's explanation that friend gave him recently stolen moped was not reasonable where the juvenile did not know the friend's last name or where he lived, the arresting officer investigated the juvenile's story and could not locate the friend, refuting in part the juvenile's explanation, so that trial court was justified in rejecting explanation as unworthy of belief). Here, appellant's explanation was not unreasonable, and was unrefuted and exculpatory.
See R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); R.M. v. State, 412 So.2d 44 (Fla. 3d DCA 1982); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981); B.L.W. v. State, 393 So.2d 59 (Fla. 3d DCA 1981). See also B.P. v. State, 515 So.2d 423 (Fla. 3d DCA 1987); C.P.P. v. State, 479 So.2d 858 (Fla. 1st DCA 1985); J.K. v. State, 448 So.2d 71 (Fla. 3d DCA 1984). The court withheld adjudication as to criminal mischief and resisting arrest without violence.