Opinion
No. 88-2893.
February 20, 1990.
An appeal from the Circuit Court of Dade County; Norman Gerstein, Judge.
Bennett H. Brummer, Public Defender, and Peter L. Nimkoff and Bruce Rosenthal, Asst. Public Defenders, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., and Elena Evans, Certified Legal Intern, for appellee.
Before HUBBART, LEVY and GERSTEN, JJ.
This is an appeal by the respondent D.M. from a final order (1) withholding adjudication of delinquency for grand theft of a motor vehicle [§ 812.014(2)(c)4, Fla. Stat. (1987)], and (2) placing said respondent on community control, after a non-jury trial. Based on the controlling and indistinguishable authority of G.C. v. State (Fla. 3d DCA 1990 (case no. 88-2571, opinion filed January 30, 1990), we affirm the final order under review except insofar as it is based on a finding that the respondent committed the felony of grand theft of a motor vehicle, and direct that such finding be reduced to the misdemeanor of trespass to a conveyance [§ 810.08, Fla. Stat. (1987)].
Affirmed as modified.