C. D., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-01-31
No. 77-940
Before PEARSON, NATHAN and HUB-BART, JJ.
356 So. 2d 1249 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases
Topics
Careless Driving Reckless Driving Competent Substantial Evidence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

C.D., a juvenile, was charged by petition for delinquency with reckless driving under Section 316.029, Florida Statutes. He takes this appeal from an order finding that he committed the offense of reckless driving, withholding adjudication on that charge and placing him under the supervision of the Division of Youth Services. The sole issue is whether the charge of reckless driving was supported by substantial competent evidence.

Our review of the record indicates that the evidence presented was insufficient to support a finding that C.D. committed the offense of reckless driving. However, the record does, support a finding that he was guilty of careless driving under Section 316.030, Florida Statutes. Therefore, we affirm the order of the juvenile court insofar as it withholds adjudication and places C.D. under supervision, but we remand the cause to the juvenile court for modification of the order to reflect that C.D. was guilty of careless driving, not reckless driving.

Affirmed and remanded for modification.

Other

It appearing that under Rule 6.310 of the Florida Rules of Practice and Procedure for -Traffic Courts, careless driving1 is not a lesser included offense of reckless driving,2 therefore, upon consideration of the petition for rehearing filed by the appellant, our opinion is hereby modified by deleting the finding that C.D. was guilty of careless driving, and by reversing the order of the juvenile court finding C.D. guilty of reckless driving, withholding adjudication of delinquency and placing C.D. under supervision.

It is so ordered.

. Section 316.030, Florida Statutes.

. Section 316.029, Florida Statutes.

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  • Lott v. State, 74 So. 3d 556 (Fla. 5th DCA 2011)
    …less driving))."). A violation of section 322.34(6)(b) cannot be a necessarily lesser included offense of reckless driving under section 316.192(3)(c)2. because a suspended or revoked license is not an element of reckless driving. See C.D. v. State, 356 So. 2d 1249, 1249 (Fla. 3d DCA 1978) ("[C]areless driving is not a lesser included offense of reckless driving ....”) (footnote omitted)). . In Gaber v. State, 684 So. 2d 189 (Fla.1996), citing to Dixon, the court held that a defendant may be convicted and pun…

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