E.W., A CHILD
v.
STATE OF FLORIDA
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A juvenile appeals his adjudication of delinquency for trespassing on school grounds under Florida Statute 810.097(1). The court reversed and remanded because the State failed to present evidence that the appellant was on school grounds for an illegitimate purpose, an essential element of the offense.
The court held that the State failed to establish a prima facie case because it did not present evidence of an essential element of the trespassing offense—that the appellant was on school grounds for an illegitimate purpose. Accordingly, the adjudication of delinquency was reversed and remanded with directions to vacate.
[1] Proof of an illegitimate purpose is an essential element of trespassing on school grounds under Florida Statutes section 810.097(1), and mere presence on school property…
Previewing 1 of 1 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“This evidence alone, however, does not prove that appellant was on school grounds for an illegitimate purpose.”
Court's analysis of why the State's evidence of presence on campus was insufficient without proof of illegitimate purpose.
Video surveillance and GPS data from the appellant's electronic monitoring device showed him in a white car on the public driveway near the front offi…
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February 11, 2019 PER CURIAM.
Appellant challenges his adjudication of delinquency for trespassing on school grounds pursuant to section 810.097(1), Florida Statutes. Appellant contends the State failed to present a prima facie case of guilt because there was no evidence appellant was on school grounds for an illegitimate purpose. We agree.
The State presented video surveillance evidence from Rickards High School and GPS data from appellant’s electronic monitoring device to show that appellant was on the grounds of Rickards High in a white car that drove by the front office. There was no evidence the car stopped or was anywhere other than the public driveway for a very short period of time. The school’s assistant principal testified that appellant was not a registered student and did not check in with the front office. This evidence alone, however, does not prove that appellant was on school grounds for an illegitimate purpose.
Since the State failed to provide evidence of an essential element of the offense, we are required to REVERSE and REMAND with directions for the trial court to vacate appellant’s adjudication of delinquency for trespassing on school grounds.
WOLF, LEWIS, and WETHERELL, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Region One, and Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant. Ashley B. Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.