J.M., A CHILD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-02-08
No. 18-2849
Bigney, J., Wallis, J., Eisnaugle, J., Harris, J.
263 So. 3d 286 Florida District Court of Appeal, Fifth District (2019)

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Holding

When the State concedes error regarding the degree of a misdemeanor conviction, the conviction must be reduced accordingly.


Headnotes

[1] When the State concedes error in the degree of a misdemeanor conviction, the appellate court will reverse and remand for reduction of the conviction to the appropriate le…

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Facts & Procedural History

J.M., a child, was convicted of a first-degree misdemeanor in Orange County Circuit Court. The State subsequently conceded error regarding the convict…

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Opinion of the Court
In The District Court Of Appeal Of The State Of Florida Fifth District Not Final Until Time Expires To File Motion For Rehearing And Disposition Thereof If Filed

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

J.M., A CHILD, Appellant, v. Case No. 5D18-2849 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 8, 2019 Appeal from the Circuit Court for Orange County, Jeanette Bigney, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONCESSION OF ERROR

PER CURIAM.

Based on the State's concession of error, we reverse and remand for a reduction of J.M.'s conviction from a first-degree to a second-degree misdemeanor. See B.J.M. v. State, 185 So. 3d 692, 694 (Fla. 5th DCA 2016). REVERSED AND REMANDED, with Instructions. WALLIS, EISNAUGLE, and HARRIS, JJ., concur.


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