J.A., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1996-12-04
No. 96-2631
WARNER, FARMER and STEVENSON, JJ., concur.
684 So. 2d 264 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the adjudication of delinquency in this case and remand for appellant’s discharge. The state has conceded error. Appellant, a ten year old boy, was found guilty of criminal mischief by starting a fire which damaged the property of another in violation of section 806.13, Florida Statutes (1995). “The offense of criminal mischief requires that the actor possess the specific intent to damage the property of another.” In the Interest of J.G., 655 So. 2d 1284, 1285 (Fla. 4th DCA 1995). The trial court found that appellant did not mean to start the fire. Thus, the trial court erroneously found appellant guilty of criminal mischief where appellant lacked the requisite intent.

Reversed and remanded.

WARNER, FARMER and STEVENSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • R.E. v. State, 13 So. 3d 97 (Fla. 4th DCA 2009)
    …aliciously injures or damages by any means any real or personal property belonging to another .... ” § 806.13(1)(a), Fla. Stat. (2008). A defendant must possess the specific intent to damage the property of another to be found guilty. J.A. v. State, 684 So. 2d 264, 265 (Fla. 4th DCA 1996); see also Sanders v. State, 950 So. 2d 495, 497 (Fla. 4th DCA 2007). The Appellant was charged with criminal mischief as an aider or abetter to T.C. In order to convict a defendant for a crime committed by another person, t…
  • Sanders v. State, 950 So. 2d 495 (Fla. 4th DCA 2007)
    …nal mischief.2 One commits a criminal mischief by willfully and maliciously damaging the property of another in any way. § 806.13(l)(a), Fla. Stat. (2006). The offense requires that the actor have a specific intent to damage property. J.A. v. State, 684 So. 2d 264, 266 (Fla. 4th DCA 1996). We find evidence to support the offense. Testimony established that defendant already had a key to the building and apartment. Rather than use his key to gain entrance (in spite of her demand that he leave), he instead smas…
  • Darrick Dorsett v. State (15th Cir. Ct. App. Div. 2018)

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