M.M.H. v. State, 3D06-398.
| Decision Date | 10 May 2006 |
| Docket Number | No. 3D06-398.,No. 3D05-2689.,3D06-398.,3D05-2689. |
| Citation | 929 So.2d 628 |
| Parties | M.M.H., a juvenile, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Page 628
v.
The STATE of Florida, Appellee.
Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.
Before LEVY and GREEN, JJ., and SCHWARTZ, Senior Judge.
GREEN, J.
This consolidated appeal stems from an adjudication of delinquency and the resulting revocation of probation for prior adjudications.
Page 629
For the following reasons, we reverse.
M.M.H., age 15, was charged by petition of delinquency with resisting a law enforcement officer without violence. Before the hearing, amended affidavits of violation of probation were filed in M.M.H.'s three open cases, alleging that M.M.H. had violated the terms of his probation by allegedly resisting the officer in question without violence.1
During the delinquency hearing, the state presented one witness, Officer Emilio Theodoro. He testified that on August 3, 2005, at approximately 11:00 p.m., he responded to a call about "suspicious activity around a suspicious vehicle." When he arrived at the scene, Officer Theodoro saw a vehicle that matched the description of a stolen vehicle used earlier during an armed robbery. He also noticed that the engine of the vehicle was still hot, and saw the victim's belongings lying on the grass next to the vehicle.
Officer Theodoro's partner made contact with the caller who reported the "suspicious vehicle" to the police. Officer Theodoro then noticed M.M.H. riding a bicycle within close proximity to the vehicle. Officer Theodoro verbally commanded M.M.H. to come over to him to talk. According to the officer, M.M.H. "took off on the bicycle." M.M.H. was eventually restrained by the police.
M.M.H.'s first and second motions for judgment of acquittal were both denied. After hearing arguments from both sides, the court found M.M.H. guilty as charged, and adjudicated him delinquent. As to the allegations of violating probation, the court stated that:
It is the Court's intention to make a finding that you have, per se, violated your probation by committing the offense of resisting an officer without violence, because this Court already heard testimony [in the delinquency hearing] and found that you have committed the offense as charged in this case. So at this...
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