B.D.M. v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT B.D.M., ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D09-2111 Opinion filed September 24, 2010. Appeal from the Circuit Court for Polk County; John Radabaugh and Kevin Abdoney, Judges. James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. Two unidentified men towed a car from a carport without the owner's permission. Thereafter, the victim's daughter and the daughter's boyfriend, B.D.M., were charged with grand theft and adjudicated delinquent after separate hearings. This court reversed the daughter's adjudication because the circumstantial evidence did not exclude a reasonable hypothesis of innocence. M.F. v. State, 35 So. 3d 998 (Fla. 2d DCA 2010). B.D.M.'s adjudication was based on substantially the same circumstantial evidence as that presented against the daughter, and it likewise was insufficient. Accordingly, we reverse. Reversed and remanded. WALLACE and MORRIS, JJ., Concur.
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