R. A. L. v. State

District Court of Appeal of Florida

R. A. L. v. State

402 So. 2d 1337, 1981 Fla. App. LEXIS 21021

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1981

DocketNo. 80-1526

StatusPublished

Cited by35 cases

This text of 402 So. 2d 1337 (R. A. L. 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

R. A. L. v. State, 402 So. 2d 1337, 1981 Fla. App. LEXIS 21021 (Fla. Ct. App. 1981).

Pincite

Opinion

SCHWARTZ, Judge.

The adjudication of delinquency under review is reversed with directions to discharge the appellant. Just as in A. R. v. State, 393 So.2d 1174 (Fla.3d DCA 1981), the respondent’s unrefuted, exculpatory, and not unreasonable explanation of his possession of a stolen moped — that he bought it at a flea market — rendered the state’s case, which was based solely on the inference provided by Section 812.022(2), Florida Statutes (1979),¹ without any additional incriminating circumstances, insufficient as a matter of law to establish guilt. Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); A. R. v. State, supra, and cases cited; Schectman v. State, 220 So.2d 657 (Fla.3d DCA 1969); see State v. Young, 217 So.2d 567 (Fla.1968), cert. denied, 396 U.S. 853, 90 S.Ct. 112, 24 L.Ed.2d 101 (1969); compare Burroughs v. State, 221 So.2d 159 (Fla.2d DCA 1969); Borghese v. State, 158 So.2d 785 (Fla.3d DCA 1963).

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

SCHWARTZ, Judge.

The adjudication of delinquency under review is reversed with directions to discharge the appellant. Just as in A. R. v. State, 393 So.2d 1174 (Fla.3d DCA 1981), the respondent’s unrefuted, exculpatory, and not unreasonable explanation of his possession of a stolen moped — that he bought it at a flea market — rendered the state’s case, which was based solely on the inference provided by Section 812.022(2), Florida Statutes (1979),¹ without any additional incriminating circumstances, insufficient as a matter of law to establish guilt. Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); A. R. v. State, supra, and cases cited; Schectman v. State, 220 So.2d 657 (Fla.3d DCA 1969); see State v. Young, 217 So.2d 567 (Fla.1968), cert. denied, 396 U.S. 853, 90 S.Ct. 112, 24 L.Ed.2d 101 (1969); compare Burroughs v. State, 221 So.2d 159 (Fla.2d DCA 1969); Borghese v. State, 158 So.2d 785 (Fla.3d DCA 1963).

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

402 So. 2d 1337, 1981 Fla. App. LEXIS 21021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-a-l-v-state-fladistctapp-1981.

Opinion

Related

Cite This Page — Counsel Stack