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J.J.D., Jr. v. State.

FRY, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

Long, P.J., and McMillan and Cobb, JJ., concur; Baschab, J., dissents with opinion.

BASCHAB, JUDGE, dissenting.

I disagree with the majority's conclusion in its unpublished memorandum that the State presented sufficient circumstantial evidence to prove that the appellant had knowledge that his passenger had a prior criminal record. The majority also states that the circuit court could "clearly infer" from the testimony that "the appellant was aware that he was associating with `persons or places of disreputable or harmful character.'" However, the delinquency report charged the appellant with the specific violation of associating with a person with a criminal record, not the broader violation of associating with persons of disreputable or harmful character. Therefore, I disagree with the majority's conclusion that the circuit court properly revoked the appellant's probation on this ground. Furthermore, I do not believe that the State presented sufficient evidence to reasonably satisfy the trial court that the appellant had committed the new offenses charged in the delinquency report. Therefore, I must respectfully dissent.

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J.J.D., Jr. v. STATE
(Jun 9, 1999)