In the Interest of M.J.H.

District Court of Appeal of Florida

In the Interest of M.J.H.

610 So. 2d 84, 1992 Fla. App. LEXIS 12499, 1992 WL 365465

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1992

DocketNo. 92-1597

StatusPublished

Cited by2 cases

This text of 610 So. 2d 84 (In the Interest of M.J.H.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest of M.J.H., 610 So. 2d 84, 1992 Fla. App. LEXIS 12499, 1992 WL 365465 (Fla. Ct. App. 1992).

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Opinion

WIGGINTON, Judge.

M.J.H. appeals from his adjudication of delinquency and commitment to the Department of Health and Rehabilitative Services. We reverse.

As the state relied entirely upon circumstantial evidence, it was incumbent upon it to present evidence inconsistent with any and all reasonable hypotheses of innocence. G.H. v. State, 599 So.2d 231 (Fla. 3d DCA 1992). Instead, the state’s only evidence against M.J.H. was that he was present at the scene of the commission of the crime and that he fled therefrom upon discovery. At most, the state’s witness could only testify that he observed M.J.H. standing on the passenger side of an automobile being broken into from the driver’s side. M.J.H. was never observed leaning inside or in any way entering or attempting to enter the automobile. Although the door on the passenger side was slightly cracked and the lock had been jimmied, there was no evidence that MJ.H.’s prints were on the lock, on the door, or anywhere on the car; or that M.J.H. was found in possession of any kind of tool or equipment to jimmy the lock.

Since it is axiomatic that presence at the scene of a crime and flight upon discovery are insufficient to prove the requisite knowledge and intent necessary to support a finding of guilt, the motion for judgment of acquittal should have been granted. Cf. J.W. v. State, 467 So.2d 796 (Fla. 3d DCA 1985). Consequently, the order of adjudication and commitment is reversed and the case remanded with directions to discharge appellant.

REVERSED and REMANDED.

ALLEN and WEBSTER, JJ., concur.

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WIGGINTON, Judge.

M.J.H. appeals from his adjudication of delinquency and commitment to the Department of Health and Rehabilitative Services. We reverse.

As the state relied entirely upon circumstantial evidence, it was incumbent upon it to present evidence inconsistent with any and all reasonable hypotheses of innocence. G.H. v. State, 599 So.2d 231 (Fla. 3d DCA 1992). Instead, the state’s only evidence against M.J.H. was that he was present at the scene of the commission of the crime and that he fled therefrom upon discovery. At most, the state’s witness could only testify that he observed M.J.H. standing on the passenger side of an automobile being broken into from the driver’s side. M.J.H. was never observed leaning inside or in any way entering or attempting to enter the automobile. Although the door on the passenger side was slightly cracked and the lock had been jimmied, there was no evidence that MJ.H.’s prints were on the lock, on the door, or anywhere on the car; or that M.J.H. was found in possession of any kind of tool or equipment to jimmy the lock.

Since it is axiomatic that presence at the scene of a crime and flight upon discovery are insufficient to prove the requisite knowledge and intent necessary to support a finding of guilt, the motion for judgment of acquittal should have been granted. Cf. J.W. v. State, 467 So.2d 796 (Fla. 3d DCA 1985). Consequently, the order of adjudication and commitment is reversed and the case remanded with directions to discharge appellant.

REVERSED and REMANDED.

ALLEN and WEBSTER, JJ., concur.

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610 So. 2d 84, 1992 Fla. App. LEXIS 12499, 1992 WL 365465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mjh-fladistctapp-1992.

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