D.L.J. v. State

Full title: D.L.J., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 18, 1977

350 So. 2d 833 (Fla. Dist. Ct. App. 1977)

Opinion

No. EE-102.

October 18, 1977.

Appeal from Circuit Court, Escambia County; Jere Tolton, Judge.

Richard W. Ervin, III, Public Defender, and Michael M. Corin, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed.

McCORD, C.J., and MELVIN, J., concur.

SMITH, J., dissents.

SMITH, Judge, dissenting:

The majority are of the view that the evidence was sufficient in this case to support the trial court's finding that "the above named child did commit the offenses as alleged in the petition," namely, attempt to enter a conveyance with intent to commit an offense therein, and loitering. I conceive that the evidence was insufficient to support the trial court's finding in respect to either count, and would therefore reverse the order appealed. Section 39.14(1), Florida Statutes (1975); State v. Ecker, 311 So.2d 104 (Fla. 1975), cert. den., 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975).