R. A. L. v. State

SCHWARTZ, Judge.

The adjudication of delinquency under review is reversed with directions to discharge the appellant. Just as in A. R. v. State, 393 So.2d 1174 (Fla.3d DCA 1981), the respondent’s unrefuted, exculpatory, and not unreasonable explanation of his possession of a stolen moped — that he bought it at a flea market — rendered the state’s case, which was based solely on the inference provided by Section 812.022(2), Florida Statutes (1979),1 without any additional incriminating circumstances, insufficient as a matter of law to establish guilt. Fisk v. State, 138 Fla. 815, 190 So. 10…