N.G. v. State

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

Court: District Court of Appeal of Florida, Third District

Date published: Jul 24, 1990

564 So. 2d 578 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2074.

July 24, 1990.

Appeal from the Circuit Court for Dade County, William E. Gladstone, J.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

We agree with the appellant that proof of the defendant's presence as a passenger in a vehicle which he knew, or reasonably should have known to be stolen, is insufficient to support an adjudication of delinquency on charges of burglary or grand theft. G.C. v. State, 560 So.2d 1186 (Fla. 3d DCA 1990) (on denial of rehearing April 24, 1990). The adjudication is therefore reduced to trespass of a conveyance and the case is remanded for correction accordingly.