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R. M. v. State

412 So. 2d 44, 1982 Fla. App. LEXIS 19736
District Court of Appeal of Florida·Decided April 6, 1982·No. No. 81-2248·Published·Cited by 15 cases

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

412 So. 2d 44 (R. M. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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