H.M., a juvenile, Appellant, v. STATE (2002)

District Court of Appeal of Florida,Third District.

H.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D01–131.

Decided: January 02, 2002

Before GERSTEN, GODERICH and SORONDO, JJ.

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.

The respondent, H.M., appeals from his adjudication of delinquency for burglary. As the State properly concedes, the trial court should have granted the respondent's motion for judgment of acquittal with respect to the burglary count where there was no evidence refuting his reasonable hypothesis of innocence that he was only an onlooker or mere witness to a crime. J.W. v. State, 467 So.2d 796, 797 (Fla. 3d DCA 1985)(“Presence at the scene of the offense and flight from the scene is legally insufficient to establish appellant's guilt as an aider and abettor.”). Instead, as the parties acknowledged at oral argument, the trial court should have entered an adjudication of delinquency for trespass.

Reversed and remanded with directions.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network