F.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
F.B., APPELLANT,
STATE OF FLORIDA, APPELLEE
969 So. 2d 1182
Florida District Court of Appeal, Second District (2007)
Caution
Cited by 1 case
Opinion of the Court
PER CURIAM.
F.B. appeals the trial court’s finding of guilt for felony battery and argues that the State failed to prove the elements of the crime. We affirm because the error was not preserved.
In a juvenile proceeding, a motion for judgment of dismissal at the conclusion of the State’s case is necessary to preserve the issue for review. See Fla. R. Juv. P. 8.525(h); J.D. v. Dep’t of Children & Families, 825 So. 2d 447 (Fla. 1st DCA 2002). F.B.’s counsel moved for judgment of dismissal at the close of the State’s case, but not on grounds that the State failed to prove the elements of the crime.
Accordingly, we must affirm.
CASANUEVA and STRINGER, JJ., and DAKAN, STEPHEN L„ Associate Senior Judge, Concur.
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Citator
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Carter v. State, 975 So. 2d 1199 (Fla. 5th DCA 2008)…chell, it was improper for the court to delegate to the probation officer the authority to actually order alcohol and drug testing in order for the probation officer to determine whether substance abuse treatment was necessary. Accord Q.M. v. State, 969 So. 2d 1182 (Fla. 1st DCA 2007) (condition of probation requiring juvenile to attend family counseling if recommended by Dep’t of Juvenile Justice stricken as improper delegation of judicial authority). In the instant case, special condition (h) does not simpl…
Authorities Cited
- J.D. v. The Dep't OF Child. & Families, 825 So. 2d 447 (Fla. 1st DCA 2002)
- Blice v. State, 825 So. 2d 447 (Fla. 5th DCA 2002)