E.H. v. State

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

Court: District Court of Appeal of Florida, Third District

Date published: Dec 5, 1989

552 So. 2d 1197 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-550.

December 5, 1989.

An Appeal from the Circuit Court of Dade County; Seymour Gelber, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and COPE, JJ.

PER CURIAM.

Upon the state's confession of error, the delinquency adjudication for possession of a firearm during the commission of a felony is reversed. See Lewis v. State, 547 So.2d 1031 (Fla. 3d DCA 1989); Jones v. State, 546 So.2d 126 (Fla. 3d DCA 1989); Williams v. State, 539 So.2d 35 (Fla. 3d DCA 1989); Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Jean v. State, 538 So.2d 153 (Fla. 3d DCA 1989); Ellison v. State, 538 So.2d 90, 91 (Fla. 1st DCA 1989); § 775.021(4), Fla. Stat. (1988). The delinquency adjudication for aggravated assault with a firearm, however, is affirmed.

Affirmed in part; reversed in part.