R.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1998-07-01
No. 97-4927
MINER, WOLF and DAVIS, JJ., concur.
711 So. 2d 1387 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was convicted of trespass on school grounds and felony criminal mischief by causing over $1,000 of damages. We find that there was insufficient evidence that appellant caused more than $1,000 in damages to the property in question. We, therefore, reverse appellant’s conviction for a violation of 806.13(l)(b)3., Florida Statutes, and direct the trial court to enter a judgment finding that appellant violated section 806.13(l)(b)l., Florida Statutes, by causing damage to property of less than $200, and to resentence him accordingly.

MINER, WOLF and DAVIS, JJ., concur.


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  • Wingfield v. State, 751 So. 2d 134 (Fla. 2d DCA 2000)
    …to present testimony from a qualified witness, we reverse Wingfield’s conviction for felony criminal mischief, and remand with directions to enter a corrected judgment and sentence for second-degree misdemeanor criminal mischief. See R.D. v. State, 711 So. 2d 1387, 1387 (Fla. 1st DCA 1998); Miller v. State, 667 So. 2d 325, 329-330 (Fla. 1st DCA 1995). Affirmed in part, reversed in part, and remanded with directions. We certify conflict with Williamson. CAMPBELL, A.C.J., and THREADGILL, J., Concur.…

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