R.L.A. v. State

Full title: IN THE INTEREST OF R.L.A., A CHILD, APPELLANT, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Second District

Date published: Mar 23, 1984

447 So. 2d 448 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1970.

March 23, 1984.

Appeal from the Circuit Court for Hillsborough County, James P. Calhoun, J.

Jerry Hill, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

HOBSON, Acting Chief Judge.

Reversed on the basis of P.P.M., a Child, v. State, 447 So.2d 445 (Fla. 2d DCA 1984). We find that the evidence supports appellant's delinquency adjudication for second degree arson, a lesser included offense of first degree arson. Therefore, we remand with instructions that the trial court enter judgment on the lesser included offense [section 806.01(2), Florida Statutes (1981)] and to pass sentence accordingly. See Tukes v. State, 346 So.2d 1056 (Fla. 1st DCA 1977); Johnson v. State, 188 So.2d 61 (Fla. 3d DCA 1966).

REVERSED and REMANDED.

SCHEB and LEHAN, JJ., concur.