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549 So. 2d 774

Docket No. 89-1145.

AE v. State

A.E., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 3, 1989.

District Court of Appeal of Florida · decided 1989-10-03

Cited by 4 later decisions — most recently May 1991

4 state decisions

Relies on 547 So. 2d 298 - ELS v. State · RM v. State · B. L. W. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-03

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¶1Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein and Angelica Zayas, Asst. Attys. Gen., for appellee.

¶3Before NESBITT, LEVY and GERSTEN, JJ.

¶4PER CURIAM.

¶5We reverse respondent's adjudications of delinquency for the offenses of burglary and theft of an automobile on the grounds *775 that the state did not prove that the juvenile knew that the vehicle had been stolen. The state established only that the respondent was a passenger in an automobile which had been stolen. Consequently, the state did not prove the statutorily required intent to deprive necessary for a theft conviction. § 812.014, Fla. Stat. (1987); see E.L.S. v. State,547 So.2d 298 (Fla. 3d DCA 1989), R.M. v. State,450 So.2d 897 (Fla. 3d DCA 1984); B.L.W. v. State,393 So.2d 59 (Fla. 3d DCA 1981).

¶6Since the burglary conviction is dependent upon conviction of the underlying theft, it fails likewise.

¶7Reversed.

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