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