K.D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
K.D., a juvenile, was adjudicated delinquent for trespass in a conveyance as a lesser included offense of grand theft. The appellate court reversed, holding that the charging document failed to allege an essential element of trespass in a conveyance—that K.D. willfully entered or remained in the motor scooter—making the conviction improper.
K.D.'s adjudication for trespass in a conveyance must be vacated because the petition for delinquency failed to allege that K.D. willfully entered or remained in the motor scooter, an essential element of trespass in a conveyance. A conviction of a lesser included offense requires that all elements of that offense be explicitly alleged in the charging document.
[1] A finding of guilt on a lesser included offense is precluded where the charging document fails to explicitly allege all the elements of the lesser offense.
[2] Trespass in a conveyance may be a permissive lesser included offense of grand theft if its elements are alleged in the accusatory pleading and supported by the evidence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Well-established law precludes a finding of guilt on a lesser included offense where the charging document fails to explicitly allege all the elements of the lesser offense.”
Establishes the controlling legal standard that all elements of a lesser included offense must be alleged in the charging document
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceK.D. was charged with grand theft of a motor scooter, resisting an officer without violence, and fleeing or eluding a law enforcement officer. At tria…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Trespass In A Conveyance cases and more on FLexlaw
The defendant, K.D., a juvenile, was charged with committing grand theft of a motor scooter, resisting an officer without violence, and fleeing or eluding a law enforcement officer. K.D. was adjudicated delinquent for trespass in a conveyance, a lesser included offense of grand theft, and resisting an officer without violence, as charged. The trial court sentenced K.D. to probation. K.D. appeals his adjudication for trespass in a conveyance.
The trial court found K.D. guilty of committing a trespass in a conveyance as a permissive lesser included offense of grant theft. Well-established law precludes a finding of guilt on a lesser included offense where the charging document fails to explicitly allege all the elements of the lesser offense. See I.T. v. State, 694 So.2d 720, 724 (Fla.1997). Because the petition for delinquency in this case did not allege an essential element of the lesser included offense of trespass in a conveyance, to wit that K.D. willfully entered or remained in the motor scooter, his adjudication for trespass in a conveyance must be vacated. See id. at 724 (not excluding the possibility that a person could obtain or use a conveyance, as required in grand theft, without entering in it, as required in a trespass in a conveyance); L.F. v. State, 694 So.2d 840, 840-41 (Fla. 2d DCA 1997) (“Trespass in a conveyance is not a lesser included offense of grand theft of a motor vehicle. However, it may be a permissive lesser included offense if the elements are alleged in the accusatory pleading and supported by the evidence adduced at trial.”). We therefore reverse with directions to vacate the adjudication of delinquency on this count.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- I.T. v. State, 694 So. 2d 720 (Fla. 1997)
- L.F. v. State, 694 So. 2d 840 (Fla. 2d DCA 1997)