C.L.A. v. State, 84-2171

Decision Date20 November 1985
Docket NumberNo. 84-2171,84-2171
Citation478 So.2d 872,10 Fla. L. Weekly 2616
Parties10 Fla. L. Weekly 2616 C.L.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

C.L.A., a juvenile, appeals from an adjudication of delinquency based on a finding that he was guilty of aiding and abetting the commission of grand theft. We affirm upon a holding that the circumstantial evidence presented, including the testimony of the store's security chief that he observed C.L.A. acting as the "spotter" for his companion by questioning the store clerk so as to distract the clerk's attention and looking over his shoulder for other persons who might be watching while his companion pried open a jewelry display case and removed certain items of jewelry, excluded the hypothesis that C.L.A. was merely a witness to the crime and was sufficient to establish his intent to participate and his rendering of assistance to the perpetrator of the offense. Cf. J.W. v. State, 467 So.2d 796 (Fla. 3d DCA 1985) (juvenile's mere presence at scene of offense and flight therefrom legally insufficient to establish participation as aider and abettor); In re A.R., 460 So.2d 1024 (Fla. 4th DCA 1984) (in absence of police officer's stricken testimony that juvenile acted as "lookout," evidence insufficient to show juvenile committed offense of burglary of structure); G.C. v. State, 407 So.2d 639 (Fla. 3d DCA 1981) (juvenile's knowledge that crime was going to be committed and mere presence at scene of crime generally insufficient to establish aiding and abetting). See generally Kaufman v. State, 429 So.2d 841 (Fla. 3d DCA 1983); Brown v. State, 391 So.2d 729 (Fla. 3d DCA 1980).

Affirmed.

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5 cases
  • Porter v. State
    • United States
    • Florida District Court of Appeals
    • June 12, 1991
    ...as a lookout for drug dealers and because of his warning to them they were able to escape from the police officers. See C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985); Goffin v. State, 560 So.2d 421 (Fla. 4th DCA 1990). These cases are to be distinguished from those cases where the condu......
  • Contes v. State, 3D14–2713.
    • United States
    • Florida District Court of Appeals
    • April 20, 2016
    ...of a burglary, and was therefore guilty as a principal to the crime of burglary. See § 777.011, Fla. Stat. (2013) ; C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985). Cf. In the Interest of A.R., 460 So.2d 1024 (Fla. 4th DCA 1984). We therefore affirm the judgment and sentence for the burgl......
  • B.G. v. State, 87-2277
    • United States
    • Florida District Court of Appeals
    • August 30, 1988
    ...C. Wear, Asst. Atty. Gen., for appellee. Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. Affirmed. See C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985); T.J.T. v. State, 460 So.2d 508 (Fla. 3d DCA ...
  • A.M. v. State, 88-2569
    • United States
    • Florida District Court of Appeals
    • May 29, 1990
    ...and was sufficient to establish his intent to participate and his assistance to the perpetrator of the offense. See C.L.A. v. State, 478 So.2d 872 (Fla. 3d DCA 1985) (evidence juvenile acted as "spotter," distracting store clerk and looking over shoulder for persons who might be watching wh......
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