R.M. v. State

Full title: R.M., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 6, 1982

412 So. 2d 44 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2248.

April 6, 1982.

Appeal from the Circuit Court, Dade County, Adele-Segall Faske, J.

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

Jim Smith, Atty. Gen. and John F. Robenalt, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

We reverse the order adjudging defendant R.M. delinquent. Defendant's conviction of grand theft was not supported by the evidence; the state failed to prove that R.M. knew the bicycle had been stolen. State v. Lewis, 364 So.2d 1223 (Fla. 1978); State v. Allen, 362 So.2d 10 (Fla. 1978); Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981); A.R. v. State, 393 So.2d 1174 (Fla. 3d DCA 1981). Defendant's unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section 812.014, Florida Statutes (1979).

Reversed with directions to discharge defendant.

HENDRY, J., dissents.