Florida District Courts of Appeal, 1979

A. G. v. State

A. G. v. State
Florida District Courts of Appeal · Decided June 19, 1979 · Hendry, Hoe, Hubbart
371 So. 2d 1103; 1979 Fla. App. LEXIS 15303 (Southern Reporter, Second Series)

A. G. v. State

Opinion of the Court

PER CURIAM.

Affirmed.

Dissenting Opinion

HUBBART, Judge

(dissenting).

I must respectfully dissent. I would reverse the adjudication of delinquency appealed from and remand the cause to the trial court with directions to discharge the juvenile from the cause based on the authority of Morgan v. State, 355 So.2d 149 (Fla. 1st DCA 1978). In my view, Morgan is indistinguishable from the instant case and clearly calls for a reversal and discharge herein for lack of sufficient evidence establishing beyond a reasonable doubt that the juvenile aided and abetted in the offense with which he was charged and adjudicated delinquent. State v. V. D. B., 270 So.2d 6 (Fla. 1972).

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