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CG v. State
Citations: 981 So. 2d 1224; 2008 WL 1968316Docket: 1D07-4389
Court: District Court of Appeal of Florida; May 8, 2008; Florida; State Appellate Court
The District Court of Appeal of Florida reversed the juvenile disposition order adjudicating C.G., a minor, guilty of evasion of transit fare under section 812.015(1)(j) of the Florida Statutes. The court found that the state failed to provide evidence of the essential element of intent required for the offense, which is classified as a form of petit theft. The case arose when C.G. boarded a Tallahassee city bus using a nontransferable bus pass given to her by a coworker. At trial, C.G. argued that the state did not prove she had the intent to evade fare payment. Despite her consistent testimony that she used the pass regularly without issue and believed it was valid, the trial court denied her motion for acquittal. The pass itself did not indicate nontransferability, and C.G. stated she would have paid the fare if requested. The court emphasized that the statute specifically requires proof of intent to evade payment, not merely a failure to pay. The appellate court concluded that, viewed in the light most favorable to the state, the evidence only demonstrated that C.G. used a bus pass that did not belong to her, without any indication that she knew it was nontransferable or that she intended to evade the fare. Therefore, the court reversed the adjudication of delinquency and instructed to dismiss the charge, with Judges Padavano, Lewis, and Thomas concurring.