T.M. v. State

Full title: T.M., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 29, 1982

415 So. 2d 904 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2647.

June 29, 1982.

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The finding of the trial court that T.M. was guilty of burglary and petty theft is reversed. There is no evidence in this record that the respondent participated in the burglary or ever had possession of the fruits thereof. G.C. v. State, 407 So.2d 639 (Fla. 3d DCA 1981); J.L.B. v. State, 396 So.2d 761 (Fla. 3d DCA 1981); D.M. v. State, 394 So.2d 520 (Fla. 3d DCA 1981); P.R. v. State, 389 So.2d 1078 (Fla. 3d DCA 1980).

Reversed and remanded with instruction to discharge.