Florida District Courts of Appeal, 1990

N.G. v. State

N.G. v. State
Florida District Courts of Appeal · Decided July 24, 1990 · Barkdull, Ferguson, Hubbart
564 So. 2d 578; 1990 Fla. App. LEXIS 5384; 1990 WL 102680 (Southern Reporter, Second Series)

N.G. v. State

Opinion of the Court

PER CURIAM.

We agree with the appellant that proof of the defendant’s presence as a passenger in a vehicle which he knew, or reasonably should have known to be stolen, is insufficient to support an adjudication of delinquency on charges of burglary or grand theft. G.C. v. State, 560 So.2d 1186 (Fla. 3d DCA 1990) (on denial of rehearing April 24, 1990). The adjudication is therefore reduced to trespass of a conveyance and the case is remanded for correction accordingly.

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