R.H. v. State

District Court of Appeal of Florida

R.H. v. State

583 So. 2d 422, 1991 Fla. App. LEXIS 7992, 1991 WL 144096

CourtDistrict Court of Appeal of Florida

DecidedAugust 2, 1991

DocketNo. 90-01442

StatusPublished

This text of 583 So. 2d 422 (R.H. 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.H. v. State, 583 So. 2d 422, 1991 Fla. App. LEXIS 7992, 1991 WL 144096 (Fla. Ct. App. 1991).

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Opinion

LEHAN, Acting Chief Judge.

We reverse the adjudication of delinquency of defendant for multiple robberies in which the victims’ purses were stolen.

We agree with defendant’s contention that the evidence was insufficient. The victims could not identify defendant. The state’s evidence from a police officer’s testimony as to admissions by defendant at [423]*423most showed only defendant’s knowledge of the crimes before and after they occurred and his sharing in the proceeds thereof when, after the robberies, he joined the perpetrators. The circumstantial evidence did not exclude a reasonable hypothesis of innocence. See Cowart v. State, 582 So.2d 90 (Fla. 2d DCA 1991).

Reversed. Defendant shall be discharged.

FRANK and HALL, JJ., concur.

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LEHAN, Acting Chief Judge.

We reverse the adjudication of delinquency of defendant for multiple robberies in which the victims’ purses were stolen.

We agree with defendant’s contention that the evidence was insufficient. The victims could not identify defendant. The state’s evidence from a police officer’s testimony as to admissions by defendant at [423]*423most showed only defendant’s knowledge of the crimes before and after they occurred and his sharing in the proceeds thereof when, after the robberies, he joined the perpetrators. The circumstantial evidence did not exclude a reasonable hypothesis of innocence. See Cowart v. State, 582 So.2d 90 (Fla. 2d DCA 1991).

Reversed. Defendant shall be discharged.

FRANK and HALL, JJ., concur.

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Bluebook (online)

583 So. 2d 422, 1991 Fla. App. LEXIS 7992, 1991 WL 144096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rh-v-state-fladistctapp-1991.

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