C.B. v. State

C.B. appeals an order withholding adjudication of delinquency and placing him on probation for the offense of petit theft. He argues that the trial court erred in denying his motion for judgment of dismissal based upon insufficient evidence. We agree and reverse.

This was a circumstantial evidence case involving the theft of an iPod. The only evidence linking C.B. to the offense was one witness’s testimony that while she was in the classroom where the iPod went missing, she observed, “out of the corner of [her] eye,” C.B. pass an object to the person ultimately found to possess the stolen…