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R.H. v. State

District Court of Appeal of Florida, Second District
Aug 2, 1991
583 So. 2d 422 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-01442.

August 2, 1991.

Appeal from the Circuit Court for Polk County, J. Dale Durrence, J.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


We reverse the adjudication of delinquency of defendant for multiple robberies in which the victims' purses were stolen.

We agree with defendant's contention that the evidence was insufficient. The victims could not identify defendant. The state's evidence from a police officer's testimony as to admissions by defendant at most showed only defendant's knowledge of the crimes before and after they occurred and his sharing in the proceeds thereof when, after the robberies, he joined the perpetrators. The circumstantial evidence did not exclude a reasonable hypothesis of innocence. See Cowart v. State, 582 So.2d 90 (Fla. 2d DCA 1991).

Reversed. Defendant shall be discharged.

FRANK and HALL, JJ., concur.


Summaries of

R.H. v. State

District Court of Appeal of Florida, Second District
Aug 2, 1991
583 So. 2d 422 (Fla. Dist. Ct. App. 1991)
Case details for

R.H. v. State

Case Details

Full title:R.H., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 2, 1991

Citations

583 So. 2d 422 (Fla. Dist. Ct. App. 1991)