S.W.W., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2003-01-08
No. 3D02-820
Before SCHWARTZ, C.J., SHEVIN, JJ., and NESBITT, Senior Judge.
833 So. 2d 877 Florida District Court of Appeal, Third District (2003) Caution
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

S.W.W., a juvenile, appeals an adjudication of delinquency finding him guilty of willfully interrupting or disturbing a school in violation of section 877.13, Fla. Stat. (2001). We reverse the adjudication. The state did not establish that the juvenile “deliberately acted to create a disturbance.” S.H.B. v. State, 355 So. 2d 1176, 1179 (Fla.1977). The record does not support a finding that the juvenile acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior.” Id.

Reversed and remanded with instructions to enter a judgment of acquittal for violation of section 877.13.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tidwell v. State, 844 So. 2d 701 (Fla. 1st DCA 2003)
    …allenges to remove male jurors because the attorney did not renew his objection by moving to strike the jury panel before it was sworn. “Gender-based peremptory challenges are prohibited by both the federal and state constitutions.” Murray v. Haley, 833 So. 2d 877, 879 (Fla. 1st DCA 2003) (citing J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 146, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), and Abshire v. State, 642 So. 2d 542, 544 (Fla.1994)). Failure to preserve an issue for appellate review may be sufficient to…
  • A.M.P. v. State, 927 So. 2d 97 (Fla. 5th DCA 2006)
    …icials. The statute’s requirement that one must “knowingly” disrupt the functioning of an educational institution suggests that the prohibited conduct requires some sort of purposeful interference with school activities. See, e.g., S.W.W. v. State, 833 So. 2d 877 (Fla. 3d DCA 2003) (reversing a conviction under statute because record did not support a finding that the juvenile acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregar…
  • Whitby v. State, 933 So. 2d 557 (Fla. 3d DCA 2006)
    …egation that the challenge was racially motivated. See Pickett v. State, 922 So. 2d 987 (Fla. 3d DCA 2005); Wicks v. Publix Super Markets, 908 So. 2d 1190, 1193 (Fla. 2d DCA 2005); Alsopp v. State, 855 So. 2d 695 (Fla. 3d DCA 2003); Murray v. Haley, 833 So. 2d 877, 879-80 (Fla. 1st DCA 2003). While the historical analysis of the peremptory challenge issue reflects the Florida Supreme Court’s valiant attempt to eliminate the exclusion of jurors based upon their race, gender, or ethnic origin, and to create a…
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