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R. M. v. State

412 So. 2d 44, 1982 Fla. App. LEXIS 19736
CourtDistrict Court of Appeal of Florida
DecidedApril 6, 1982
DocketNo. 81-2248
StatusPublished
Cited by15 cases

This text of 412 So. 2d 44 (R. M. 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. M. v. State, 412 So. 2d 44, 1982 Fla. App. LEXIS 19736 (Fla. Ct. App. 1982).

Opinion

BASKIN, Judge.

We reverse the order adjudging defendant R. M. delinquent. Defendant’s conviction of grand theft was not supported by the evidence; the state failed to prove that R. M. knew the bicycle had been stolen. State v. Lewis, 364 So.2d 1223 (Fla.1978); State v. Allen, 362 So.2d 10 (Fla.1978); Fisk v. State, 138 Fla. 815, 190 So. 10 (1939); R.A.L. v. State, 402 So.2d 1337 (Fla. 3d DCA 1981); A.R. v. State, 393 So.2d 1174 (Fla. 3d DCA 1981). Defendant’s unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section 812.014, Florida Statutes (1979).

Reversed with directions to discharge defendant.

HENDRY, J., dissents.

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Bluebook (online)
412 So. 2d 44, 1982 Fla. App. LEXIS 19736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-m-v-state-fladistctapp-1982.