Horton v. State

• Decision Date: 20 December 1983
• Docket Number: No. AQ-141,AQ-141
• Citation: 442 So.2d 1064
• Parties: William R. HORTON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1064

442 So.2d 1064

William R. HORTON, Appellant, v. STATE of Florida, Appellee.

No. AQ-141.

District Court of Appeal of Florida First District.

Dec. 20, 1983.

Michael Allen, Public Defender, and Charlene V. Edwards, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Horton appeals his conviction of the misdemeanor offense of trespass to an unoccupied conveyance. He and his co-defendant, Courtney, had been charged by information with the offense of burglary of a conveyance but at trial the court, upon completion of the State's case-in-chief, granted both defendants' motions for judgment of acquittal. However, the court granted the motion only as to burglary and denied it as to the lesser included offense of trespass. No evidence was presented on behalf of either defendant, and the case went to the jury on trespass. The jury returned verdicts of guilty as to both defendants.

As to Horton, the theory of the State's case was that he was guilty as an aider and abettor under Section 777.011, Florida Statutes (1981). Horton asserts that the evidence was not sufficient to support his conviction. We agree and reverse.

The evidence at trial showed that, during his patrol of Pensacola Beach early one evening, Officer Grubbs, a park ranger with the National Park Service, observed a pick-up truck parked on the beach along the side of the road about fifteen yards in front of a white Buick. As Grubbs approached the truck, he noticed Horton standing on a sand dune approximately 50 to 100 feet from the road. Grubbs also saw another person inside the Buick. Grubbs never observed Horton make any kind of signal but saw Horton commence to walk towards his truck after seeing Grubbs. After Grubbs continued in an easterly direction and passed the area where the two vehicles were parked, he pulled off the road about a quarter of a mile away from the vehicles. A few seconds after Grubbs pulled off the road, he saw the truck pull onto the road and proceed eastbound with Horton driving. Grubbs stopped the truck and took its occupants, Horton and co-defendant Courtney (whom Grubbs recognized as the one previously inside the Buick), back to where the Buick was parked.

Grubbs located the Buick's owner who stated that her car was in the same condition as when she had left it and that nothing was missing. She said that her car was locked when she had left it; it was also locked when Grubbs returned the suspects to the scene.

Horton and Courtney were arrested and transported to jail. The officers seized from the truck a tool box which, among other things, contained a plumber's "snake" and a stiff wire with a hooked end. These articles were received in evidence at the trial.

On the way to jail, Officer Grice stated that Horton said that he and Courtney were returning from a plumbing job in Mobile and he (Horton) was standing on the sand dune "to see if the Pompano were running." Grice said that no fishing equipment was found in the truck.

Another Officer, Escambia County Sheriff's deputy Howells, testified that he talked with Horton and Courtney at the jail. He said that Horton told him that he and Courtney had been in Holley on a plumbing job. Horton then corrected himself and said that the job was in Mobile. Horton said that he did not know the particular location of the job in...