From Casetext: Smarter Legal Research

R.W.G. v. State

District Court of Appeal of Florida, Second District
Apr 1, 1981
395 So. 2d 1279 (Fla. Dist. Ct. App. 1981)

Summary

In R.W.G. v. State, 395 So.2d 1279 (Fla. 2d DCA 1981), this court reversed a burglary conviction for insufficiency of evidence.

Summary of this case from Miller v. State

Opinion

No. 80-654.

April 1, 1981.

Appeal from the Circuit Court, Hillsborough County, Richard E. Leon, J.

Jerry Hill, Public Defender, Bartow, and Samuel Robert Mandelbaum, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant was charged with burglary. The juvenile division of the circuit court found the charge to be true and, accordingly, adjudged him to be a delinquent.

We reverse. The only evidence established merely that appellant was acquainted with two minors who committed the burglary, that he was outside the premises being burglarized, and that he knew what the actual perpetrators were doing. There was no evidence that he entered the premises at any time, or that he did anything whatsoever which aided or assisted in the commission of the crime. There was no evidence which could even give rise to an inference of any such activity on appellant's part.

The evidence was totally insufficient to establish appellant's guilt. Such as it was, it was not inconsistent with the reasonable hypothesis that, as he claimed, appellant had refused to participate in the crime in any way. Such evidence does not support a conviction. Pack v. State, 381 So.2d 1199 (Fla.2d DCA 1980).

The order is reversed.

SCHEB, C.J., and GRIMES, J., concur.


Summaries of

R.W.G. v. State

District Court of Appeal of Florida, Second District
Apr 1, 1981
395 So. 2d 1279 (Fla. Dist. Ct. App. 1981)

In R.W.G. v. State, 395 So.2d 1279 (Fla. 2d DCA 1981), this court reversed a burglary conviction for insufficiency of evidence.

Summary of this case from Miller v. State
Case details for

R.W.G. v. State

Case Details

Full title:IN THE INTEREST OF R.W.G., A CHILD, APPELLANT, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 1, 1981

Citations

395 So. 2d 1279 (Fla. Dist. Ct. App. 1981)

Citing Cases

Valdez v. State

Mere presence at the scene, including driving the perpetrator to and from the scene or a display of…

T.J.T. v. State

E.g., Perez v. State, 390 So.2d 85 (Fla. 3d DCA 1980); Pack v. State, 381 So.2d 1199 (Fla. 2d DCA 1980); J.H.…