In the Interest of N.C. v. State

ON REHEARING

Sua sponte we grant rehearing and substitute the following for our previous opinions:

We reverse appellant’s adjudication of delinquency for grand theft of an automobile. Appellant’s “mere presence as an after-acquired passenger in a vehicle, with knowledge that it has been stolen, [was] insufficient to convict [him] of [automobile] theft.” State v. G.C., 572 So.2d 1380, 1382 (Fla.1991).

Although section 924.34 of the Florida Statutes (1989) gives an appellate court the authority to direct a trial court to enter judgment for a lesser offense, the supreme court recently held in Gould…