From Casetext: Smarter Legal Research

C.M. v. State

District Court of Appeal of Florida, Third District.
May 30, 2012
89 So. 3d 1055 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D11–2214.

2012-05-30

C.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Orlando A. Prescott, Judge. Carlos J. Martinez, Public Defender, and Daniel Tibbitt, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.


An Appeal from the Circuit Court for Miami–Dade County, Orlando A. Prescott, Judge.
Carlos J. Martinez, Public Defender, and Daniel Tibbitt, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.
Before LAGOA, SALTER, and FERNANDEZ, JJ.


C.M., a juvenile, appeals an order adjudicating him delinquent on a charge of petit theft of property worth less than $100, and placing him on juvenile probation. The testimony by the State's witness (a Wal–Mart loss prevention officer) and by C.M. is identical to the extent that C.M. actually paid for the merchandise in question. The State failed to overcome the defense of payment by introducing competent evidence to establish beyond a reasonable doubt that the merchandise was removed from the store premises (including the garden department) before the payment was made. § 812.014(1)(b), Fla. Stat. (2011). The adjudication and disposition order are thus reversed, and the case is remanded for the entry of an adjudication of non-delinquency and the discharge of the respondent/appellant.

The shoplifting charge alleged the theft of headphones having a value between five and six dollars.

Reversed and remanded.




Summaries of

C.M. v. State

District Court of Appeal of Florida, Third District.
May 30, 2012
89 So. 3d 1055 (Fla. Dist. Ct. App. 2012)
Case details for

C.M. v. State

Case Details

Full title:C.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: May 30, 2012

Citations

89 So. 3d 1055 (Fla. Dist. Ct. App. 2012)