Jump To Navigation

Juvenile Convicted of Burglary even though no one saw Juvenile take anything from House


November 19, 2008
Topic: Criminal

Juvenile Burglary of a Dwelling and Grand Theft

The 2nd District Court of Appeals recently overturned in part a decision that a juvenile was guilty of Grand Theft. M.E.R. (MER), a juvenile, was convicted of Burglary of a Dwelling and Grand Theft. At trial, a witness testified that MER was seen entering the dwelling of his former girlfriend without permission. When he entered, he was wearing a blue shirt. When he exited the premises, the witness testified that he had taken the shirt off and was holding the shirt under his arm. When the owner returned to the residence, she reported that multiple items were missing with a value of over $400. In order to find that MER took the missing items and be guilty of Grand Theft, the fact finder would have had to assume that MER carried some of these items under his shirt when he left the apartment. When MER was questioned and searched, the missing items were not discovered nor was there any evidence presented that linked him with the stolen items. Because there was no evidence linking MER to all of the items that were stolen, theft of any one of the items that could have been concealed under his shirt would not have constituted Grand Theft. Therefore, the Appeals court overturned the Grand Theft portion of the conviction.

At the Arnold Law Firm, we handle all our cases with personalized service. We are a full-service law firm that is experienced in criminal defense. For more information or to schedule an appointment with an experienced lawyer regarding a juvenile crime regarding a drug or arson charge, please contact us.


Certified | The Florida Bar | Criminal Trial Law

Arnold Law Firm, LLC

6279 Dupont Station Court
Jacksonville, FL 32217

Phone: 904-731-3800
Fax: 904-731-3807

E-mail Us | Map & Directions