IN THE INTEREST OF E. W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1980-02-15
Nos. OO-336, OO-337
McCORD and BOOTH, JJ., concur.
379 So. 2d 1028 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 4 cases
Topics
Theft Juvenile Delinquency Proceedings Judgment Of Acquittal Burglary

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Opinion of the Court
MILLS, Chief Judge.

[*1029] MILLS, Chief Judge.

Delinquency petitions were filed charging E. W., a juvenile, with a burglary, the theft of a calculator, and the theft of a bicycle. We find the challenge to the disposition of the first two charges to be without merit, but we reverse as to the theft of the bicycle.

The evidence established that a bicycle was missing and that the juvenile owner named in the amended petition and his mother identified a bicycle which had been recovered by the police. The evidence also established that E. W. returned home one evening with a bicycle which his mother testified was not his. There was, however, no evidence whatsoever establishing that the specific bicycle found in E. W.’s possession was the bicycle identified by the other boy and his mother. Thus, we agree with appellant’s contention that the judge should have granted the motion for judgment of acquittal as to the theft of the bicycle.

AFFIRMED in part and REVERSED in part.

McCORD and BOOTH, JJ., concur.

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  • In the Interest of S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987)
    …6); L.A. v. State, 369 So. 2d 677 (Fla. 3d DCA 1979). The absence of evidence to connect identified property with property found in the defendant’s possession has been held sufficient to support a motion for judgment of acquittal. See E.W. v. State, 379 So. 2d 1028 (Fla. 1st DCA 1980); Coyle v. State, 493 So. 2d 550 (Fla. 4th DCA 1986). While the identity of property may be shown by circumstantial evidence, Kearson, in the instant case the evidence shows only that a black 1985 Trak-brand moped disappeared fro…
  • Nelson v. State, 453 So. 2d 473 (Fla. 2d DCA 1984)
    …sed. Wilcox v. State, 183 So. 2d 555 (Fla. 3d DCA 1966). In the case sub judice, no evidence indicated that the articles of clothing found in appellant’s possession belonged to TG & Y and not to appellant. In The Interest of E. W., a child v. State, 379 So. 2d 1028 (Fla. 1st DCA 1980). Additionally, the state failed to demonstrate that the defendant knowingly possessed an unlawful automobile license plate. In order to sustain a finding that appellant violated her probation in this regard, it would have been n…

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