R.W. v. State

District Court of Appeal of Florida

R.W. v. State

520 So. 2d 323, 13 Fla. L. Weekly 555, 1988 Fla. App. LEXIS 703, 1988 WL 15456

CourtDistrict Court of Appeal of Florida

DecidedMarch 1, 1988

DocketNo. 86-667

StatusPublished

Cited by1 cases

This text of 520 So. 2d 323 (R.W. 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.

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R.W. v. State, 520 So. 2d 323, 13 Fla. L. Weekly 555, 1988 Fla. App. LEXIS 703, 1988 WL 15456 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Appellant R.W. seeks reversal of the trial court’s order adjudicating him delinquent upon a finding that he committed the offenses of carrying a concealed firearm and trespass in a conveyance. We hold that the evidence was insufficient to support a finding that the juvenile committed these offenses. See Horton v. State, 442 So.2d 1064 (Fla. 1st DCA 1983) (circumstantial evidence which fails to exclude reasonable hypothesis of innocence does not support conviction for trespass of a conveyance); Bailey v. State, 442 So.2d 385 (Fla. 2d DCA 1983) (gun on floor of passenger side of car occupied by driver and defendant is insufficient evidence to support conviction for carrying a concealed weapon; reasonable hypothesis exists that driver carried and placed gun in car). Accordingly, we reverse the order and remand with directions to discharge appellant.

Reversed and remanded.

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PER CURIAM.

Appellant R.W. seeks reversal of the trial court’s order adjudicating him delinquent upon a finding that he committed the offenses of carrying a concealed firearm and trespass in a conveyance. We hold that the evidence was insufficient to support a finding that the juvenile committed these offenses. See Horton v. State, 442 So.2d 1064 (Fla. 1st DCA 1983) (circumstantial evidence which fails to exclude reasonable hypothesis of innocence does not support conviction for trespass of a conveyance); Bailey v. State, 442 So.2d 385 (Fla. 2d DCA 1983) (gun on floor of passenger side of car occupied by driver and defendant is insufficient evidence to support conviction for carrying a concealed weapon; reasonable hypothesis exists that driver carried and placed gun in car). Accordingly, we reverse the order and remand with directions to discharge appellant.

Reversed and remanded.

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520 So. 2d 323, 13 Fla. L. Weekly 555, 1988 Fla. App. LEXIS 703, 1988 WL 15456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rw-v-state-fladistctapp-1988.

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