D.L., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Affirmed juvenile's delinquency adjudication on the lesser included offense of trespass to a conveyance under Fla. Stat. § 810.08, reversing as to the more serious charges of burglary and theft where evidence was insufficient to prove intent.
A juvenile may be adjudicated delinquent for trespass to a conveyance as a lesser included offense of burglary when evidence shows awareness of presence in another's vehicle without permission, even if intent to commit the original theft cannot be proven.
[1] Trespass to a conveyance under Fla. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceD.L., a juvenile passenger in a stolen automobile, was charged with burglary, theft of an auto, criminal mischief to an auto, and resisting a law enfo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Trespass In A Conveyance cases and more on FLexlaw
PER CURIAM.
D.L., a juvenile, was charged in a four-count petition for delinquency with burglary and theft of an auto, theft and/or criminal mischief to an auto, and resisting a law enforcement officer without violence. The trial court found D.L. guilty as charged and sentenced him to community control and counseling.
D.L. argues that the state failed to propound sufficient evidence to prove that the respondent intended to commit burglary, theft, or criminal mischief. The state responds that the trial court had before it sufficient evidence to permit it to reasonably conclude that the respondent, whether or not a party to the original theft of the auto in which he was a passenger, was aware that he was present in the conveyance of another without permission, a violation of section 810.08, Florida Statutes (1989), which prohibits trespass to a conveyance. Such conduct constitutes a lesser included misdemeanor of the offense of burglary with which D.L. was charged, and upon which a finding of delinquency could be based, see G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990).
We therefore affirm the adjudication of delinquency on the basis of trespass to a conveyance, and reverse insofar as the adjudication rested on the remaining offenses charged.