Legal Opinion

In the Interest of M.J.H.

District Court of Appeal of Florida

Decided December 14, 1992No. 92-1597PublishedCited by 2 opinions

1Opinion of the Court

WIGGINTON, Judge.

M.J.H. appeals from his adjudication of delinquency and commitment to the Department of Health and Rehabilitative Services. We reverse.

As the state relied entirely upon circumstantial evidence, it was incumbent upon it to present evidence inconsistent with any and all reasonable hypotheses of innocence. G.H. v. State, 599 So.2d 231 (Fla. 3d DCA 1992). Instead, the state’s only evidence against M.J.H. was that he was present at the scene of the commission of the crime and that he fled therefrom upon discovery. At most, the state’s witness could only testify that he observed…

2Cases cited2 opinions

  1. J.W. v. StateDistrict Court of Appeal of Florida · 1985
  2. G.H. v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. J.R.S. v. StateDistrict Court of Appeal of Florida · 1997
  2. JRS v. StateDistrict Court of Appeal of Florida · 1997

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