H.F. v. State

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

Court: District Court of Appeal of Florida, Third District

Date published: Feb 20, 1990

556 So. 2d 543 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-152.

February 20, 1990.

Bennett H. Brummer, Public Defender, and Peggy Fisher, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant, H.F., appeals his conviction and sentence for burglary, grand theft, and criminal mischief on the ground the evidence was legally insufficient to present a prima facie case. Based upon the State's confession of error and our own independent review of this case, we reverse and remand for discharge of appellant. Jaramillo v. State, 417 So.2d 257 (Fla. 1982); Tibbs v. State, 397 So.2d 1120 (Fla. 1981), affirmed, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); M.F. v. State, 549 So.2d 225 (Fla. 3d DCA 1989); E.L.S. v. State, 547 So.2d 298 (Fla. 3d DCA 1989).

Reversed and remanded with directions.