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H.M. v. STATE

No. 3D01-131.

802 So.2d 1185 (2002)

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

District Court of Appeal of Florida, Third District.

January 2, 2002.

Attorney(s) appearing for the Case

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.

Before GERSTEN, GODERICH and SORONDO, JJ.

PER CURIAM.

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...

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