L. S. v. STATE

No. 78-1007.

391 So.2d 329 (1980)

L. S., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 16, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen. and Michael A. Vandetty, Certified Legal Intern, for appellee.

Before BARKDULL, BASKIN and PEARSON, DANIEL, JJ.


BASKIN, Judge.

We reverse the adjudication of delinquency by the commission of a battery entered against defendant L.S. Although circumstantial evidence disclosed that defendant was present with another child when motorcycle gloves were taken from the victim's back pocket and he was pushed from behind causing him to fall, the evidence was insufficient to prove beyond a reasonable doubt that defendant was the unseen person who pushed the victim. State v. V.D.B....

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