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T.L.T. v. State
53 So. 3d 1100
| Fla. Dist. Ct. App. | 2011
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Background

  • Two separate incidents: Patterson and Lindsay vehicles struck by objects from a school bus.
  • Bus driver testified to seeing T.L.T. throw something; video showed him turning toward window but not necessarily throwing.
  • Patterson’s dent occurred; Lindsay’s window was struck by an empty Gatorade bottle.
  • State presented a child with an empty bottle and a bus video; bottle reportedly full in court discussions but evidence showed empty.
  • Trial court treated incidents as a single event and convicted on one charge while withholding adjudication and imposing probation.
  • On appeal, court reverses regarding the Patterson charge and affirms Lindsay charge; remands for sentence reconsideration.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence supports Lindsay charge. Lindsay sufficient evidence. Lindsay lack of actual throw observable. Lindsay charge supported.
Whether evidence supports Patterson charge. Patterson same object hit Patterson vehicle; sufficient. No witness saw object thrown from bus. Patterson charge insufficient.
Whether trial court erred by treating two incidents as one. Two separate events; joint treatment erroneous. Evidence connected; single event theory. Error; require separate analysis.
Effect of vacating Patterson on sentence for Lindsay. Removal may alter sentence propriety. No change if statute satisfied. Remand for sentence reconsideration.

Key Cases Cited

  • E.J. v. State, 554 So.2d 578 (Fla. 3d DCA 1989) (empty-object absence limits liability for deadly missile)
  • State v. Law, 559 So.2d 187 (Fla.1989) (circumstantial evidence; exclude reasonable hypotheses)
  • J.P. v. State, 855 So.2d 1262 (Fla. 4th DCA 2003) (standard for judgment of dismissal in juvenile cases)
  • Rivera, 719 So.2d 335 (Fla. 5th DCA 1998) (elements proof; motion denial standard)
  • Jones v. State, 869 So.2d 1240 (Fla. 4th DCA 2004) (de novo review of a denial of acquittal)
Read the full case

Case Details

Case Name: T.L.T. v. State
Court Name: District Court of Appeal of Florida
Date Published: Jan 26, 2011
Citation: 53 So. 3d 1100
Docket Number: No. 4D09-1907
Court Abbreviation: Fla. Dist. Ct. App.