Opinion

E.L.S. v. State

14 Fla. L. Weekly 1872 · District Court of Appeal of Florida · Aug 8, 1989

Full text

E.L.S., a juvenile v. The STATE of Florida

Opinions in this case

PER CURIAM. We reverse the order adjudicating E.L.S. delinquent because we find that his conviction for theft is not supported by the record. The state failed to prove that E.L.S. knew the truck in which he was riding was stolen. State v. Lewis, 364 So.2d 1223 (Fla.1978); State v. Allen, 362 So.2d 10 (Fla.1978); R.M. v. State, 450 So.2d 897 (Fla. 3d DCA 1984); R.M. v. State, 412 So.2d 44 (Fla. 3d DCA 1982). His unrefuted, exculpatory, and not unreasonable, explanation that the driver told him the truck belonged to the driver’s uncle from whom it had recently been stolen and to whom it had been returned precluded conviction under section 812.014, Florida Statutes (1987). R.M., 450 So.2d at 897; R.M., 412 So.2d at 44; B.L.W. v. State, 393 So.2d 59 (Fla. 3d DCA 1981); see also, P.L.C. v. State, 458 So.2d 800 (Fla. 3d DCA 1984); R.D.S. v. State, 446 So.2d 1181 (Fla. 3d DCA 1984); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981). Reversed and remanded. NESBITT and BASKIN, JJ., concur.

14 Fla. L. Weekly 1872

1989 Fla. App. LEXIS 4511

547 So. 2d 298

1989 WL 88040

Cited by

C.T. v. State
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F.D. v. State
District Court of Appeal of Florida · Feb 22, 2006
Bertone v. State
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R.M. v. State
District Court of Appeal of Florida · Jul 14, 1999
Jackson v. State
District Court of Appeal of Florida · Jun 9, 1999
Z.S. v. State
District Court of Appeal of Florida · May 22, 1991
State v. G.C.
Supreme Court of Florida · Jan 3, 1991
GC v. State
District Court of Appeal of Florida · Apr 24, 1990
M.F. v. State
District Court of Appeal of Florida · Apr 24, 1990
H.F. v. State
District Court of Appeal of Florida · Feb 20, 1990
G.C. v. State
District Court of Appeal of Florida · Jan 30, 1990
G.M. v. State
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Parentheticals

holding that the juvenile's unrefuted, exculpatory, and not unreasonable explanation that driver told him the truck in which he was riding belonged to driver's uncle precluded conviction for theft
C.T. v. State
holding that the juvenile’s unrefuted, exculpatory, and not unreasonable explanation that driver told him the truck in which he was riding belonged to driver’s uncle precluded conviction for theft
C.T. v. State
involving driver who told defendant that truck belonged to driver's uncle
Jackson v. State
involving driver who told defendant that truck belonged to driver's uncle
Bertone v. State
without evidence of separate criminal conduct, such as aiding and abetting the theft itself or being an accessory after the fact of the crime, a passenger may not be found guilty of an offense related to the vehicle, even if he is aware that it has been stolen
State v. G.C.
without evidence of separate criminal conduct, such as aiding and abetting the theft itself or being an' accessory after the fact of the crime, a passenger may not be found guilty of an offense related to the vehicle, even if he is aware that it has been stolen
State v. G.C.