RM v. State

R.M., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 6, 1982.

District Court of Appeal of Florida · decided 1982-04-06

Relies on 362 So. 2d 10 - State v. Allen · State v. Lewis · Fisk v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-04-06

How this case has been cited

Cited by 12 later decisions — most recently November 2017

12 state decisions

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 *45 Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and John F. Robenalt, Asst. Atty. Gen., for appellee.

¶3Before HENDRY, BASKIN and JORGENSON, JJ.

¶4BASKIN, Judge.

¶5We reverse the order adjudging defendant R.M. delinquent. Defendant's conviction of grand theft was not supported by the evidence; the state failed to prove that R.M. knew the bicycle had been stolen. State v. Lewis,364 So.2d 1223 (Fla. 1978); State v. Allen,362 So.2d 10 (Fla. 1978); Fisk v. State,138 Fla. 815, 190 So. 10 (1939); R.A.L. v. State,402 So.2d 1337 (Fla. 3d DCA 1981); A.R. v. State,393 So.2d 1174 (Fla. 3d DCA 1981). Defendant's unrefuted explanation that he borrowed the bicycle from a friend precluded conviction under section 812.014, Florida Statutes (1979).

¶6Reversed with directions to discharge defendant.

¶7HENDRY, J., dissents.