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T.S.J. v. STATE

No. 92-68.

605 So.2d 1338 (1992)

T.S.J., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 16, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The defendant was adjudicated a delinquent based upon a finding that he had committed petit theft. The evidence indicates that the defendant was in possession of a necklace that had come from a store. However, there was no evidence adduced in the State's case1 to establish that the necklace was stolen rather than purchased. The motion for judgment of acquittal at the close of the State's case should have been granted. The...

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