I.V. v. State

Full title: I.V., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 21, 1990

562 So. 2d 854 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-337.

June 21, 1990.

Appeal from the Circuit Court for Orange County; Thomas S. Kirk, Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant, a juvenile, appeals the denial of his motion for judgment of acquittal and his subsequent conviction of two counts of grand theft of an automobile. The evidence against appellant was sparse and entirely circumstantial. Because the state failed to exclude every reasonable hypothesis of innocence, we reverse. E.g., Newberry v. State, 442 So.2d 334 (Fla. 5th DCA 1983).

REVERSED.

COBB, PETERSON and GRIFFIN, JJ., concur.