R. M. v. State

Florida District Courts of Appeal
R. M. v. State, 412 So. 2d 44 (1982)
1982 Fla. App. LEXIS 19736
Baskin, Genson, Hendry, Jor

R. M. v. State

Opinion of the Court

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.

Reference

Full Case Name
R. M., a juvenile v. The STATE of Florida
Cited By
15 cases
Status
Published