Opinion

R. M. v. State

1982 Fla. App. LEXIS 19736 · District Court of Appeal of Florida · Apr 6, 1982

Full text

R. M., a juvenile v. The STATE of Florida

Opinions in this case

Opinion
Majority — Baskin

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.

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Parentheticals

finding juvenile's unrefuted explanation that he borrowed the bicycle from a friend precluded conviction for grand theft
C.T. v. State
finding juvenile’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction for grand theft
C.T. v. State
juvenile’s conviction of grand theft not supported by evidence where state failed to prove that juvenile knew bicycle had been stolen
G.D. v. State
involving defendant who borrowed bicycle from a friend
Jackson v. State
involving defendant who borrowed bicycle from a friend
Bertone v. State