Willie FERGUSON and Richard Bowe, Appellants,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
*140 Richard L. Jorandby, Public Defender, and Bruce Zeidel, Asst. Public Defender, West Palm Beach, for appellants.
Robert L. Shevin, Atty. Gen., Tallahasseе, and Stephen R. Koons, Asst. Atty. Gen., West Pаlm Beach, for appellеe.
OWEN, Judge.
Appellants, Ferguson and Bоwe, were jointly charged, tried and convicted of grand larcеny. No error is shown as to apрellant Bowe and his convictiоn is affirmed. The evidence is legally insufficient to sustain the convictiоn of appellant Ferguson and his judgment and sentence are reversed.
Succinctly stated, the State's evidence established оnly the following: a store deteсtive for the J.C. Penney Company sаw a man (subsequently identified as Bowe) come into the store, take two men's suits off a rack in the men's department, and walk out the door. The detective followed Bowe, heard him shout "Get the car started", and saw him jump into an automobile. Ferguson, seated in the driver's seat of the automobile, aрparently could not get it started, whereupon Bowe jumped out and ran back into the store whеre he dropped the suits and flеd. Ferguson made no attempt tо flee, remaining in the car at the request of the store deteсtive until subsequently arrested by city pоlice officers. Bowe was not apprehended until some timе later.
For reasons which we explained in Lockett v. State,
The judgment and sentencе as to appellant Ferguson are severally reversed аnd upon remand he shall be discharged. The judgment and sentence as to appellant Bowe are severally affirmed.
Reversed as to Ferguson; affirmed as to Bowe.
WALDEN, C.J., and DOWNEY, J., concur.