Legal Opinion

D.A. v. State

District Court of Appeal of Florida

Decided June 11, 1985No. 83-1646PublishedCited by 63 opinions

1Opinion of the Court

HUBBART, Judge.

The respondent juvenile D.A. appeals an adjudication of delinquency for the offense of loitering and prowling [§ 856.021, Fla. Stat. (1983)], entered below after a non-jury trial. He contends on appeal that the essential elements of the offense were not established below and that the court erred in denying his motion for judgment of acquittal at trial. We agree and reverse.

I

The facts of this ease are as follows. On April 29, 1983, Officer David Bosworth of the Miami Police Department was on duty in a patrol car in the Overtown area of Miami. At 3:15 p.m., he received a call…

2Cases cited20 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. State v. EckerSupreme Court of Florida · 1975
  5. In the Interest of ARDistrict Court of Appeal of Florida · 1984

15 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. E.C. v. StateDistrict Court of Appeal of Florida · 1999
  2. Springfield v. StateDistrict Court of Appeal of Florida · 1986
  3. K.R.R. v. StateDistrict Court of Appeal of Florida · 1994
  4. E.B. v. StateDistrict Court of Appeal of Florida · 1989
  5. C.H.S. v. StateDistrict Court of Appeal of Florida · 2001

58 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API