Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

B.L.W., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Based on the state's confession of error filed in this cause, as well as our own independent review of the record herein, the adjudication of delinquency under review is reversed and the cause is remanded to the trial court with directions to discharge the appellant from the cause.

The state concedes, and we agree, that the appellant's mere presence as a passenger in the stolen motor vehicle in this case, without more, represents insufficient evidence upon which to convict him of motor vehicle theft under Section 812.014(1), (2)(b)4, Fla. Stat. (1979), especially where the appellant (a) told the police upon his arrest that he had just been picked up before by the driver of the stolen motor vehicle, and (b) testified at trial that he did not know the motor vehicle was stolen. The trial court, accordingly, erred in denying the appellant's motion for judgment of acquittal made at the close of all the evidence in this cause. Davis v. State, 90 So.2d 629 (Fla. 1956); Mayo v. State, 71 So.2d 899, 904 (Fla. 1954); McWatters v. State, 375 So.2d 624 (Fla. 4th DCA 1979); Lockett v. State, 262 So.2d 253 (Fla. 4th DCA 1972); Douglas v. State, 214 So.2d 653 (Fla. 3d DCA 1968).

Reversed and remanded with directions to discharge the appellant from the cause.

Use AI to get other relevant cases.

Comments

B.L.W. v. STATE
(Feb 3, 1981)