A.K., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1983-10-18
No. 83-398
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
439 So. 2d 335 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

A.K. appeals an adjudication of delinquency and alleges as error that the evidence was insufficient to establish his guilt as an aider and abettor under section 777.-011, Florida Statutes (1981). We agree that the evidence was insufficient and accordingly reverse and remand with directions to discharge the defendant.

The evidence adduced at trial showed that A.K. and another youth approached an automobile and looked into its window. A.K.’s companion then motioned him to cross the street, which A.K. did. The youth who remained by the automobile removed a book therefrom and re-joined A.K. The two youths were subsequently apprehended. We find the facts in this case indistinguishable from those in J.L.B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981), and reverse upon that authority and upon the authority of G.C. v. State, 407 So. 2d 639 (Fla. 3d DCA 1981).

Reversed and remanded with directions to discharge the defendant.


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  • T.L.F. v. State, 467 So. 2d 798 (Fla. 3d DCA 1985)
    …ng that the record is devoid of sufficient evidence to sustain a conviction of guilt for the crime of theft under section 812.014, Florida Statutes (1983). See J.W. v. State, 467 So. 2d 796 (Fla. 3d DCA 1985), and cases cited therein; A.K. v. State, 439 So. 2d 335 (Fla. 3d DCA 1983); G.C. v. State, 407 So. 2d 639 (Fla. 3d DCA 1981). Reversed.…

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