Z.S. v. State
Z.S. v. State
Opinion of the Court
Z.S., a juvenile, challenges an order adjudicating him delinquent based on the trial judge’s finding that he committed grand theft of a motor vehicle, a violation of section 812.014, Florida Statutes (1989). Z.S. argues the court erred in denying his motion for judgment of acquittal. We agree.
The evidence at the adjudicatory hearing revealed that on the evening of June 26, 1989, Sgt. Alan Howard found a dark maroon 1989 Jeep Cherokee alongside a roadway. The vehicle was identified as one
On appeal, Z.S. posits that the state’s case is based on an inference of guilt that can arise from an accused’s possession of recently stolen property.
Laying aside a conflict in the evidence as to the color of the vehicle in question, there was insufficient evidence to establish that Z.S. was guilty of theft of the vehicle. The most the evidence showed was that Z.S. pumped gas into a stolen Jeep. Consequently, there was no proof of either possession or intent. See A.E. v. State, 549 So.2d 774 (Fla. 3d DCA 1989); E.L.S. v. State, 547 So.2d 298 (Fla. 3d DCA 1989).
Accordingly, we reverse and order Z.S. discharged.
. Section 812.014, Florida Statutes (1989), defines theft as follows:
1) A person is guilty of theft if he knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit therefrom.
(b) Appropriate the property to his own use or to the use of any person not entitled thereto.
Reference
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- Z.S. v. STATE of Florida
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