T.W. v. State

T.W. appeals a delinquency adjudication for loitering and prowling, contending the state’s evidence was insufficient to support the charge. We reverse.

The evidence, when viewed in a light most favorable to the state, reveals the following facts. A Lee County sheriffs deputy was patrolling the Fort Myers Beach area around 4 a.m. on October 9, 1994. At the intersection of Estero and San Carlos Boulevards, he noticed a white male walking in a westerly direction from the side of a building next door to a closed pawn shop. The man, later identified as T.W., was carrying a black chain saw case. He…