IN THE INTEREST OF S.P.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence was insufficient to establish the required connection between the moped found in the appellant's possession and the moped stolen from the victim.
[1] A conviction for larceny based on the unexplained possession of recently stolen goods requires proof that the property found in the defendant's possession is the same pro…
[2] The absence of evidence connecting property found in a defendant's possession with the property identified by a victim as stolen is sufficient to support a motion for jud…
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Join FLexlaw to unlock all legal intelligenceA police officer found the appellant with a moped that had a damaged ignition, missing tag, and partially removed serial number. The victim later iden…
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MILLS, Judge.
S.P.L., a child, appeals from an adjudication of delinquency for grand theft on the ground that the trial court erred in failing to grant his motion for judgment of acquittal. We agree and reverse, with directions that appellant be discharged.
On the evening of 18 August 1986, Chris Frederickson parked his black 1985 Trak-brand moped in the basement of his apartment building. At approximately 1:00 A.M. on 19 August, a police officer patrolling in the general vicinity of Frederickson’s residence saw S.P.L. with a moped, attempting to start it. The officer stopped S.P.L. and saw that the moped, which he did not describe by color or brand, had a damaged ignition, a missing tag and a partially removed serial number. The officer testified that he turned the moped over to an unidentified individual for impoundment and knew nothing of what happened to it thereafter. In fact, there was no testimony of what happened to the moped which had been in S.P.L.’s possession after the officer relinquished it.
About one month after his moped was taken, Frederickson received a call from the police that they had a moped which might be his. Frederickson reported to the DeLoach impoundment lot and identified the moped as his. He did not describe the moped he was shown except to say that it had a broken ignition and that the gas tank had been raised, an alteration not noted on the moped found in S.P.L.’s possession.
In November 1986, a petition for delinquency was filed against S.P.L., alleging the theft of Frederickson’s moped contrary to Section 812.014, Florida Statutes (1985). At the January 1987 bench trial, the state presented the testimony of Frederickson and the arresting officer to the effect described above, then rested. S.P.L.’s counsel then moved for judgment of acquittal on the ground that the state had failed to prove that the moped found in S.P.L.’s possession was the one belonging to Fred-erickson. The defense further argued that, despite the principle that a verdict of guilty of larceny may be found from the unexplained possession of goods recently stolen, S.P.L.’s explanation that he found the moped in some woods was reasonable. The court denied the motion on both grounds. S.P.L. was thereafter adjudicated delinquent.
No evidence was presented showing that S.P.L. was seen taking the moped with which he was discovered. Therefore, his conviction rests in part on the rule that a defendant may be found guilty of larceny based on the unexplained possession of goods recently stolen. N.C. v. State, 478 So. 2d 1142 (Fla. 1st DCA 1985). In moving for a judgment of acquittal, a defendant admits all facts adduced and every conclusion favorable to the adverse party that might fairly and reasonably be inferred from the evidence. Love v. State, 450 So. 2d 298 (Fla. 1st DCA 1984). Here, the condition of the moped with which S.P.L. was found — broken ignition, missing license tag, partially removed serial number — and the time at which he was found with it, support the inference that it was recently stolen. Further, the trial judge could, and here reasonably did, disbelieve S.P.L.’s explanation that he had “found the moped in the woods.” See N.C., supra.
However, before the aforementioned inference becomes significant, the evidence must be sufficient to show that the property found in defendant’s possession was the same property identified by the victim as stolen. Kearson v. State, 123 Fla. 324, 166 So. 832, 833 (1936); 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 from Frederickson’s apartment building on 18 August 1986. In the early morning hours of 19 August, S.P.L. was discovered with a moped, not described as to model, year or color, with a broken ignition, missing tag and partially removed serial number. The moped was relinquished to an unknown person for impoundment in an unknown location. One month after his moped disappeared, Frederickson identified a moped in a police impoundment lot as his; the only distinguishing feature was described as a broken ignition. Frederickson also mentioned that the gas tank had been raised, an alteration not noted by the officer who stopped S.P.L.
In our view, this evidence is insufficient to establish the required connection between the moped discovered in S.P.L.’s possession and the moped described in the information and later identified by Freder-ickson. The order appealed is therefore reversed, with directions to discharge the appellant.
JOANOS and BARFIELD, JJ., concur.
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T.S.R. v. State, 596 So. 2d 766 (Fla. 5th DCA 1992)…section 812.025, Florida Statutes. Although there is no direct physical evidence linking the defendant to the crimes the finder of fact has the right to infer guilt of theft from the unexplained possession of recently stolen goods. S.P.L. v. State, 512 So. 2d 1153, 1154 (Fla. 1st DCA 1987); N.C. v. State, 478 So. 2d 1142, 1144 (Fla. 1st DCA 1985); State v. Young, 217 So. 2d 567, 570 (Fla.1968), cert. denied, 396 U.S. 853, 90 S.Ct. 112, 24 L.Ed.2d 101 (1969), citing Williams v. State, 40 Fla. 480, 25 So. 143 (…
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Jackson v. State, 736 So. 2d 77 (Fla. 4th DCA 1999)…ve found sufficient, when combined with possession of recently stolen property, to support a theft conviction. Jackson was not caught in possession of the car a very short time after it was stolen. Cf. Coleman, 466 So. 2d at 396-97; S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987). The keys fit the ignition, the steering column was intact, and there were no signs of [*85] forced entry to the vehicle; nothing about the condition of the car “should have placed a reasonable person on notice of the probable st…
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Bertone v. State, 870 So. 2d 923 (Fla. 4th DCA 2004)…an fair value; he used the saws as collateral for a loan from a pawn shop, which he repaid. Because it could not be established when the saws were stolen, Bertone was not caught possessing them a very short time after the theft. Cf. S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987); Coleman, 466 So. 2d at 397. Nothing about the condition of the saws “should have placed a reasonable person on notice” that they were stolen. Periu v. State, 490 So. 2d 1327, 1329 (Fla. 3d DCA 1986) (involving a car with a winds…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kearson v. State, 123 Fla. 324 (Fla. 1936)
- Coyle v. State, 493 So. 2d 550 (Fla. 4th DCA 1986)
- Jacksonville Nat'l Bank Under Tr. No. 0003 v. J-Mark Dev. Corp., 478 So. 2d 1142 (Fla. 4th DCA 1985)
- N.C., Jr. v. State, 478 So. 2d 1142 (Fla. 1st DCA 1985)
- Love v. State, 450 So. 2d 298 (Fla. 1st DCA 1984)
- In The Interest of E. W. v. State, 379 So. 2d 1028 (Fla. 1st DCA 1980)
- L. A. v. State, 369 So. 2d 677 (Fla. 3d DCA 1979)