D.A.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The juvenile appellant challenges an order by which she was adjudicated delinquent for battery on a school board employee and placed on community control. Because the delinquency petition failed to allege an element of the offense as specified in section 784.081, Florida Statutes (Supp.1996), the adjudication for battery on a school board employee must be reversed. See State v. Gray, 435 So. 2d 816 (Fla.1983). But the petition does sufficiently allege commission of simple battery. See Scott v. State, 379 So. 2d 1021 (Fla. 2d DCA 1980); Danzy v. State, 603 So. 2d 1320 (Fla. 1st DCA 1992). We accordingly reverse the order under review and remand this ease to the trial court for a finding that the appellant committed simple battery and for appropriate disposition.
MINER, ALLEN and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keels v. State, 792 So. 2d 1249 (Fla. 2d DCA 2001)…e v. Gray, 435 So. 2d 816 (Fla.1983)). “It is fundamental error where a defendant pleads to one crime but is convicted of a greater crime with which he was never charged.” Cuevas v. State, 770 So. 2d 703, 704 (Fla. 4th DCA 2000). In D.A.B. v. State, 700 So. 2d 129 (Fla. 1st DCA 1997), the court reversed the juvenile’s adjudication for battery on a school employee and remanded for an adjudication of simple battery where the petition failed to charge battery on a school employee but did charge simple battery.…
Authorities Cited
- State v. Gray, 435 So. 2d 816 (Fla. 1983)
- Danzy v. State, 603 So. 2d 1320 (Fla. 1st DCA 1992)
- Scott v. State, 379 So. 2d 1021 (Fla. 2d DCA 1980)