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395 So. 2d 1279

Docket No. 80-654.

RWG v. State

In the Interest of R.W.G., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1981-04-01

Relies on 381 So. 2d 1199 - Pack v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-01

How this case has been cited

Cited by 9 later decisions — most recently November 2008

9 state decisions

60198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1280 Jerry Hill, Public Defender, Bartow, and Samuel Robert Mandelbaum, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3OTT, Judge.

¶4Appellant 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.

¶5We 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.

¶6The 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).

¶7The order is reversed.

¶8SCHEB, C.J., and GRIMES, J., concur.

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