S.S., A JUVENILE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-10-27

No. 81-303

Before HUBBART, C. J., and HENDRY and NESBITT, JJ.

405 So. 2d 247 Florida District Court of Appeal, Third District (1981) Positive Treatment

Cited by 14 cases

Opinion of the Court

PER CURIAM.

S. S. appeals from an adjudication of delinquency based upon the finding that he was guilty of criminal mischief.

Appellant challenges the sufficiency of the evidence to sustain the adjudication. We find the point well taken and reverse his conviction on the ground that the requisite intent to assist in perpetrating the crime was not clearly established. Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980); J. O. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980); Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980); Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968).

Reversed and remanded with directions to discharge the defendant.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)

…at trial, the violation of section 810.08 is a lesser included offense of the burglary with which G.C. [*1189] was charged. See B.D. v. State, 412 So. 2d 70, 70-71 (Fla. 1st DCA 1982) (trespass as lesser included offense of burglary); J.B. v. State, 405 So. 2d 247, 248 (Fla. 3d DCA 1981) (attempted trespass, burglary). See generally Fla.Std. Jury Instr. (Crim.) p. 283 (1981 ed.); Brown v. State, 206 So. 2d 377, 381-83 (Fla.1968).4 The interpretation we reach provides an appropriate sphere for operation of eac…

1 / 2
M.F. v. State, 562 So. 2d 724 (Fla. 3d DCA 1990)

…M.F. committed the lesser included offense of trespass to a conveyance in violation of section 810.08, Florida Statutes (1987). G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990); see B.D. v. State, 412 So. 2d 70 (Fla. 1st DCA, 1982); J.B. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981). Accordingly, the finding of delinquency is affirmed as modified. See B.D. v. State. Affirmed. . We need not question the propriety of reducing a charge to an offense which is not necessarily a lesser included offense of the cri…
E. H. K. v. State, 405 So. 2d 495 (Fla. 3d DCA 1981)

…(Fla. 2d DCA 1980); Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972); Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968); J. L. B. v. State, 396 So. 2d 761 (Fla. 3d DCA 1981); J. H. v. State, 370 So. 2d 1219 (Fla. 3d DCA 1979); S. S. v. State, 405 So. 2d 247 (Fla. 3d DCA 1981). Reversed and remanded with directions to discharge the defendant.…

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Authorities Cited

Johnnell Lockett v. State, 262 So. 2d 253 (Fla. 4th DCA 1972)
Ira Douglas v. State, 214 So. 2d 653 (Fla. 3d DCA 1968)
Pack v. State, 381 So. 2d 1199 (Fla. 2d DCA 1980)
J. O. and R. G. v. State, 384 So. 2d 966 (Fla. 3d DCA 1980)
Perez v. State, 390 So. 2d 85 (Fla. 3d DCA 1980)

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