D.F. v. State

Full title: D.F., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 30, 1990

560 So. 2d 1191 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-2492.

January 30, 1990.

An Appeal from the Circuit Court for Dade County; Dixie Herlong Chastain, Judge.

Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before FERGUSON, COPE and LEVY, JJ.

PER CURIAM.

D.F. appeals his adjudication of delinquency for theft of an automobile, in which he was a passenger. See § 812.014, Fla. Stat. (1987). Under the rule announced in G.C. v. State, 560 So.2d 1186 (Fla. 3d DCA 1990), the adjudication for theft cannot stand. As in G.C., we affirm the adjudication of delinquency on the basis that the State proved D.F. committed the lesser included offense of trespass to a conveyance as defined in section 810.08, Florida Statutes (1987).

Affirmed as modified.