M.M. v. State

FRANK, Chief Judge.

M.M., a juvenile, was adjudicated delinquent for his alleged participation in the commission of a petit theft. He contends that the state failed factually to overcome his claim of innocence. We agree and reverse.

M.M. and three of his friends had been cruising through neighborhoods smashing roadside mailboxes late one night when Chris Drake, the driver of the truck carrying the boys, pulled up outside the home of Paul and Sandra Trusdell. Drake immediately jumped out, ran across the Trusdells’ property and snatched a handmade American flag displayed in the Trusdells’ front…