Florida District Courts of Appeal, 1976

J. B. v. State

J. B. v. State
Florida District Courts of Appeal · Decided March 23, 1976 · Carroll, Nathan, Pearson, Ret
328 So. 2d 497; 1976 Fla. App. LEXIS 14872 (Southern Reporter, Second Series)

J. B. v. State

Dissenting Opinion

NATHAN, Judge

(dissenting).

I respectfully dissent and would reverse. I am of the opinion that evidence connecting the juvenile with the alleged crime was insufficient to overcome the presumption of innocence of the child by proof of guilt beyond a reasonable doubt. State of Florida v. In Interest of V.D.B., Fla.1972, 270 So.2d 6.

Opinion of the Court

PER CURIAM.

This appeal is by a juvenile from an adjudication of delinquency, predicated on allegations of the entering without breaking of an automobile, and theft of a battery therefrom. Reversal is sought on a contention of insufficiency of evidence to support the judgment. We have considered the record, briefs and argument and hold that the appellant’s contention of insufficiency of the evidence is without merit.

Affirmed.

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