R.M.N., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2016-02-10
No. 2D14-2133
KHOUZAM and MORRIS, JJ., Concur.
185 So. 3d 665 Florida District Court of Appeal, Second District (2016)

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Holding

The court held that the State failed to prove intent to commit another offense, thus only proving trespass, not burglary.


Facts & Procedural History

R.M.N. was adjudicated delinquent for burglary of an unoccupied dwelling. The appellate court reviewed the record to determine if the State proved the…

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

R.M.N. appeals a disposition order withholding adjudication of delinquency and placing him on juvenile probation. The delinquent act allegedly committed by R.M.N. was burglary of an unoccupied dwelling. After a full review of the record, we conclude that R.M.N. is correct in his argument that the State proved only a trespass and failed to prove that he entered the property with an intent to commit another offense. ..Accordingly, the disposition order is reversed to the extent that .on remand the order shall reflect that the child was found to have committed the lesser delinquent act of trespass.1...

To its credit, the trial court appears to have given careful consideration to the terms and conditions of the disposition order that would best- benefit R.M.N. However,the change in the delinquent act may affect the terms and conditions of juvenile probation as well as the court costs and fees. Accordingly, on remand the trial court shall take the steps necessary to ensure that the disposition is appropriate for this lesser act.

Affirmed in part, reversed in part, and remanded.

KHOUZAM and MORRIS, JJ., Concur.


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