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450 So. 2d 897

Docket No. 83-1069.

RM v. State

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

District Court of Appeal of Florida

Decided May 22, 1984.

District Court of Appeal of Florida · decided 1984-05-22

Key passage — most relied on by later courts

“unrefuted, exculpatory and not unreasonable explanation”

quoted by 2 later decisions, including 515 So. 2d 423 - BP v. State, 736 So. 2d 77 - Jackson v. State

“rendered the state's case ... insufficient as a matter of law to establish guilt.”

quoted by 1 later decision, including 515 So. 2d 423 - BP v. State

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 1984-05-22

How this case has been cited

Cited by 15 later decisions — most recently November 2017

15 state decisions

801984199020002010decided

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.

View the full empirical analysis of this case →

¶1*898 Bennett H. Brummer, Public Defender, and Michael O. Mathis, Sp. Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and Penny H. Brill and Calianne Lantz, Asst. Attys. Gen., for appellee.

¶3Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

¶4BASKIN, Judge.

¶5We reverse the order adjudicating R.M. delinquent based upon our finding that the conviction for grand theft was not supported by the evidence. The state failed to demonstrate that R.M. had either the requisite intent to steal the automobile or knowledge that the vehicle he was driving was stolen. State v. Lewis,364 So.2d 1223 (Fla. 1978); State v. Allen,362 So.2d 10 (Fla. 1978); R.M. v. State,412 So.2d 44 (Fla. 3d DCA 1982). R.M.'s "unrefuted, exculpatory and not unreasonable explanation of his possession" of the stolen automobile — that he borrowed it from his stepfather — "rendered the state's case ... insufficient as a matter of law to establish guilt." R.A.L. v. State,402 So.2d 1337 (Fla. 3d DCA 1981). See Fisk v. State,138 Fla. 815, 190 So. 10 (1939); R.M. v. State; A.R. v. State,393 So.2d 1174 (Fla. 3d DCA 1981).

¶6Reversed.

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