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477 So. 2d 1071

477 So.2d 1071

10 Fla.L.Weekly 2429

G.S. v. State

District Court of Appeal of Florida

Decided October 29, 1985

District Court of Appeal of Florida · decided 1985-10-29

Relies on Purcell v. Deli Man, Inc. · Postell v. State · 456 So. 2d 923 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-29

How this case has been cited

Cited by 20 later decisions — most recently April 2015

18 state decisions

1101985199020002010decided

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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PER CURIAM.

¶1We reverse the trial court’s adjudication of delinquency and remand with directions to discharge G.S. The trial court’s determination that G.S. committed grand theft was erroneous because the only evidence introduced at trial to support the charge was based on hearsay. See Molina v. State, 406 So.2d 57 (Fla. 3d DCA 1981); Postell v. State, 398 So.2d 851 (Fla. 3d DCA), rev. denied, 411 So.2d 384 (Fla.1981); see also Smart v. State, 274 So.2d 577 (Fla. 2d DCA 1973).

¶2We also agree that G.S. could not have been convicted of possession of a motor vehicle with a missing VIN number in violation of section 320.33, Florida Statutes (1981), because the state totally failed to demonstrate that G.S. had actual or constructive possession of the truck in question. See Johnson v. State, 456 So.2d 923 (Fla. 3d DCA 1984).

¶3Finally, we conclude that there is utterly no evidence to support a charge of criminal mischief.

¶4We accordingly reverse and remand with directions to discharge G.S.

¶5Reversed and remanded with directions.

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