L.R. v. State

Full title: IN THE INTEREST OF: L.R., APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 10, 1990

559 So. 2d 389 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-1862.

April 10, 1990.

An Appeal from the Circuit Court for Dade County; James C. Henderson, Judge.

Bennett H. Brummer, Public Defender, and Robin W. Faber, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark Dunn, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and GERSTEN, JJ.

PER CURIAM.

The state having failed to establish a prima facie case against L.R. and having failed to exclude every reasonable hypothesis of innocence, Jaramillo v. State, 417 So.2d 257 (Fla. 1982); J.W. v. State, 467 So.2d 796 (Fla. 3d DCA 1985); P.R. v. State, 460 So.2d 1 (Fla. 3d DCA 1984), we reverse the adjudication of delinquency for grand theft of an automobile and the order of restitution; we remand with directions to discharge appellant.

Reversed and remanded.