J.B. v. State

Full title: J.B., a juvenile, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 2, 2011

73 So. 3d 361 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D10–1413.

2011-11-2

J.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Orlando A. Prescott, Judge.Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellee.

PER CURIAM.

An Appeal from the Circuit Court for Miami–Dade County, Orlando A. Prescott, Judge.Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Shayne R. Burnham, Assistant Attorney General, for appellee.

Before WELLS, C.J., and RAMIREZ, J., and SCHWARTZ, Senior Judge.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellant's motion for rehearing, and substitute the following opinion for our original opinion.

J.B. appeals an adjudication of delinquency for battery because she contends the State did not prove the victim's lack of consent beyond a reasonable doubt. We affirm because the State presented sufficient evidence, through testimony from the officer who observed J.B.'s battery of the victim, to show the victim did not consent to J.B.'s battery.

Affirmed.