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550 So. 2d 1173

550 So.2d 1173

14 Fla.L.Weekly 2501

J.D. v. State

District Court of Appeal of Florida

Decided October 24, 1989

District Court of Appeal of Florida · decided 1989-10-24

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

Decided 1989-10-24

PER CURIAM.

¶1J.D. appeals from an adjudication of delinquency for burglary of a conveyance and resisting arrest without violence. For the following reason, we reverse the adjudication of delinquency for burglary, affirm the adjudication of delinquency for resisting arrest, and remand for reconsideration of the disposition.

¶2At trial, the state proved only that J.D. was a passenger in the stolen vehicle. The state did not prove the element of intent necessary for a burglary conviction. § 810.02, Fla.Stat. (1987); see A.E. v. State, 549 So.2d 774 (Fla. 3d DCA 1989); E.L.S. v. State, 547 So.2d 298 (Fla.3d DCA 1989); B.L.W. v. State, 393 So.2d 59 (Fla.3d DCA 1981) (mere presence in stolen vehicle insufficient to support theft and burglary convictions).

¶3Reversed in part, affirmed in part, and remanded for reconsideration of the disposition.

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