J.B. v. State

Full title: J.B., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 23, 1976

328 So. 2d 497 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1121.

March 23, 1976.

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

Phillip A. Hubbart, Public Defender, and Paul Morris, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This appeal is by a juvenile from an adjudication of delinquency, predicated on allegations of the entering without breaking of an automobile, and theft of a battery therefrom. Reversal is sought on a contention of insufficiency of evidence to support the judgment. We have considered the record, briefs and argument and hold that the appellant's contention of insufficiency of the evidence is without merit.

Affirmed.

NATHAN, Judge (dissenting).

I respectfully dissent and would reverse. I am of the opinion that evidence connecting the juvenile with the alleged crime was insufficient to overcome the presumption of innocence of the child by proof of guilt beyond a reasonable doubt. State of Florida v. In Interest of V.D.B., Fla. 1972, 270 So.2d 6.