T.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the felony enhancement statute for battery does not apply to a child detained in a juvenile facility.
A juvenile was charged with battery, which was enhanced to a felony based on a statute. The juvenile argued the statute did not apply because they wer…
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PER CURIAM.
Appellant, a juvenile, was charged with battery by an inmate in a juvenile facility. Because Appellant was held in a juvenile facility, Appellant argued that the crime of simple battery could not be enhanced from first degree misdemeanor to a third degree felony because section 784.082(3), Florida Statutes (2002), does not apply to a child detained in a juvenile facility. The trial court found that this enhancement statute applied to a juvenile detention center and denied the motion to dismiss.1 We disagree, and remand with directions.
Nothing in section 784.082 indicates that the statute applies to juveniles held in juvenile facilities. Accordingly, we reverse the adjudication of delinquency for battery as a third degree felony and remand for entry of a judgment for simple battery, a first degree misdemeanor. REVERSED and REMANDED.
ALLEN, C.J., and BOOTH and BARFIELD, JJ., concur. . Appellant pleaded no contest while preserving the right to appeal the denial of the motion to dismiss. On November 20, 2002, Appellant was adjudicated delinquent and committed to moderate risk.
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Laveress Hopkins v. State, 105 So. 3d 470 (Fla. 2012)…ks review of the decision of the Fourth District Court of Appeal in State v. Hopkins, 47 So. 3d 974 (Fla. 4th DCA 2010), on the ground that it expressly and directly conflicts with the decision of the First District Court of Appeal in T.C. v. State, 852 So. 2d 276 (Fla. 1st DCA 2003), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The question before us is whether the battery by detainee charge pursuant to section 784.082, Florida Statutes (2007), applies to juvenile detention…
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State v. Lavaress Hopkins, 47 So. 3d 974 (Fla. 4th DCA 2010)…dismissing the charges. We agree and reverse. [*975] The State charged the defendant with battery by a detainee in violation of sections 784.03 and 784.082, Florida Statutes (2009). The defendant filed a motion to dismiss, relying on T.C. v. State, 852 So. 2d 276, 276 (Fla. 1st DCA 2008), and argued that “[a]n alleged battery occurring at the hands of a juvenile detained in the juvenile detention facility cannot under the law be charged as battery by detainee.” When the trial court asked the State for case l…