L. S. v. State

District Court of Appeal of Florida

L. S. v. State

391 So. 2d 329, 1980 Fla. App. LEXIS 18238

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1980

DocketNo. 78-1007

StatusPublished

Cited by4 cases

This text of 391 So. 2d 329 (L. S. v. State) 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.

Bluebook

L. S. v. State, 391 So. 2d 329, 1980 Fla. App. LEXIS 18238 (Fla. Ct. App. 1980).

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Opinion

BASKIN, Judge.

We reverse the adjudication of delinquency by the commission of a battery entered against defendant L.S. Although circumstantial evidence disclosed that defendant was present with another child when motorcycle gloves were taken from the victim’s back pocket and he was pushed from behind causing him to fall, the evidence was insufficient to prove beyond a reasonable doubt that defendant was the unseen person who pushed the victim. State v. V. D. B., 270 So.2d 6 (Fla.1972). The evidence is entirely circumstantial and must therefore be consistent with guilt and inconsistent with any reasonable hypothesis of innocence. J. O. v. State, 384 So.2d 966 (Fla.3d DCA 1980); Pack v. State, 381 So.2d 1199 (Fla.2d DCA 1980). The evidence was also insufficient to prove that defendant was an aider and abettor.

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BASKIN, Judge.

We reverse the adjudication of delinquency by the commission of a battery entered against defendant L.S. Although circumstantial evidence disclosed that defendant was present with another child when motorcycle gloves were taken from the victim’s back pocket and he was pushed from behind causing him to fall, the evidence was insufficient to prove beyond a reasonable doubt that defendant was the unseen person who pushed the victim. State v. V. D. B., 270 So.2d 6 (Fla.1972). The evidence is entirely circumstantial and must therefore be consistent with guilt and inconsistent with any reasonable hypothesis of innocence. J. O. v. State, 384 So.2d 966 (Fla.3d DCA 1980); Pack v. State, 381 So.2d 1199 (Fla.2d DCA 1980). The evidence was also insufficient to prove that defendant was an aider and abettor.

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Bluebook (online)

391 So. 2d 329, 1980 Fla. App. LEXIS 18238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-s-v-state-fladistctapp-1980.

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