Summary
In D.A.B. v. State, 700 So.2d 129 (Fla. 1st DCA 1997), the court reversed the juvenile's adjudication for battery on a school employee and remanded for an adjudication of simple battery where the petition failed to charge battery on a school employee but did charge simple battery.
Summary of this case from Keels v. StateOpinion
Case No. 97-1709.
Opinion filed October 8, 1997.
An appeal from Circuit Court for Duval County. A.C. Soud, Jr., Judge.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
The juvenile appellant challenges an order by which she was adjudicated delinquent for battery on a school board employee and placed on community control. Because the delinquency petition failed to allege an element of the offense as specified in section 784.081, Florida Statutes (Supp. 1996), the adjudication for battery on a school board employee must be reversed. See State v. Gray, 435 So.2d 816 (Fla. 1983). But the petition does sufficiently allege commission of simple battery. See Scott v. State, 379 So.2d 1021 (Fla. 2d DCA 1980); Danzy v. State, 603 So.2d 1320 (Fla. 1st DCA 1992). We accordingly reverse the order under review and remand this case to the trial court for a finding that the appellant committed simple battery and for appropriate disposition.
MINER, ALLEN and PADOVANO, JJ., CONCUR.