B.B. v. State
117 So. 3d 442
Fla. Dist. Ct. App.2013Background
- B.B., a juvenile, challenged a delinquency adjudication on four charges: false identification, possession of cannabis, possession of drug paraphernalia, and possession of alcohol by a minor.
- At adjudicatory hearing, B.B. moved for judgment of dismissal on false-identification and alcohol charges; trial court denied, adjudicated delinquent on all four, and committed to a level-six facility.
- On appeal, the court agreed the State failed to prove false-identification and possession of alcohol beyond reasonable doubt and reversed those two charges.
- Key factual dispute centered on whether the Four Loko can contained alcohol and whether B.B. constructively possessed alcohol in a jointly occupied vehicle.
- The deputy did not test the can’s contents, did not confirm alcohol presence, and the can and contents were later disposed; B.B. provided her sister’s name (S.B.) and misidentified herself.
- The court affirmed the remaining adjudications not challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to convict on false-identification? | B.B. provided false name, causing adverse consequences | No proven adverse consequence to S.B. from the false identity | Insufficient evidence; reversed |
| Was there sufficient evidence to convict on possession of alcohol by a minor? | State proved dominion and knowledge | No evidence alcohol content or proper possession; cannot prove constructive possession | Insufficient evidence; reversed |
Key Cases Cited
- E.A.B. v. State, 851 So.2d 308 (Fla. 2d DCA 2003) (review standard in delinquency cases; evidence sufficiency sustained under controlling rules)
- Pagan v. State, 830 So.2d 792 (Fla. 2002) (standard for review of dismissal in delinquency proceedings)
- E.A.M. v. State, 684 So.2d 283 (Fla. 2d DCA 1996) (elements of possession of alcohol by a minor; proof requirements)
- Skelton v. State, 609 So.2d 716 (Fla. 2d DCA 1992) (necessity of knowledge of illicit nature and presence of alcohol)
- S.C.S. v. State, 831 So.2d 264 (Fla. 1st DCA 2002) (whether container contents were alcohol; evidentiary burden)
- Cruz v. State, 744 So.2d 568 (Fla. 2d DCA 1999) (constructive possession in a jointly-occupied vehicle)
- B.S. v. State, 638 So.2d 154 (Fla. 2d DCA 1994) (constructive possession standards for minors)
- J.P. v. State, 855 So.2d 1262 (Fla. 4th DCA 2003) (procedural note on motion naming in juvenile cases)