B.R.S. v. State

B.R.S. appeals an adjudication of delinquency for loitering and prowling, contrary to Section 856.021 (1979), Florida Statutes. We agree with the appellant that the trial court erred in denying his timely motion for *195judgment of acquittal. Because we conclude that the state’s evidence was insufficient, we will not rule on the appellant’s alternate contention that the deputy sheriff did not have a “founded suspicion” to justify appellant’s initial detention.

The state’s case in chief was based entirely on the testimony of a deputy sheriff who had stopped the appellant about 2:45 a. m., coming…