L.S. v. State, 83-1124

CourtFlorida District Court of Appeals
Writing for the CourtBASKIN
CitationL.S. v. State, 449 So.2d 1305 (Fla. App. 1984)
Decision Date15 May 1984
Docket NumberNo. 83-1124,83-1124
PartiesL.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.

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

Jim Smith, Atty. Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

BASKIN, Judge.

We find the evidence insufficient to support the trial court's adjudication of delinquency based upon loitering and prowling. The record discloses that fourteen year old L.S. and his two companions were arrested after police officers observed them crouching in the bushes near an expressway exit, an area known as the site of numerous robberies and purse snatchings. The state, however, has failed to show how crouching in the bushes near an expressway constitutes an unusual activity for a fourteen year old boy. In the Interest of O.W., 423 So.2d 1029 (Fla. 4th DCA 1982). Accordingly, we reverse the order finding L.S. guilty of...

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3 cases
  • D.A. v. State
    • United States
    • Florida District Court of Appeals
    • 11 June 1985
    ...the juvenile was skipping school and his activity in no way pointed toward immediate, future criminal conduct. In L.S. v. State, 449 So.2d 1305 (Fla.3d DCA 1984), this court, citing O.W., supra, reached a similar result where the juvenile, a 14-year-old boy, was observed crouching in the bu......
  • SP v. State, 3D02-1553.
    • United States
    • Florida District Court of Appeals
    • 26 December 2002
    ...(Fla. 2d DCA 1996); L.C. v. State, 516 So.2d 95 (Fla. 3d DCA 1987); D.A. v. State, 471 So.2d 147 (Fla. 3d DCA 1985); L.S. v. State, 449 So.2d 1305 (Fla. 3d DCA 1984). Simply stated, his actions, perhaps even more clearly than in such cases as D.A. and L.S., did not amount either (a) to "abe......
  • V.E. v. State
    • United States
    • Florida District Court of Appeals
    • 14 March 1989
    ...Here, the state did not establish beyond a reasonable doubt that V.E. was about to attempt to commit a criminal act. See L.S. v. State, 449 So.2d 1305 (Fla. 3d DCA 1984); V.S. v. State, 446 So.2d 232 (Fla. 3d DCA 1984); In Interest of O.W., 423 So.2d 1029 (Fla. 4th DCA Neither did the state......
1 books & journal articles
  • A loitering and prowling primer.
    • United States
    • Florida Bar Journal Vol. 71 No. 10, November - November 1997
    • 1 November 1997
    ...2d 483 (Fla. 2d D.C.A. 1989) (the defendant was seen hanging around a street corner by a store with a no loitering sign); L.S. v. State, 449 So. 2d 1305 (Fla. 3d D.C.A. 1984) (a 14 year-old and two companions were seen crouching in bushes near an expressway exit, a site of numerous robberie......