Opinion
Case No. 3D00-706
Opinion filed September 20, 2000. July Term, 2000
An Appeal from the Circuit Court for Dade County, Scott Bernstein, Judge. L.T. NO. 98-6580
Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.
Before JORGENSON, LEVY, and GERSTEN, JJ.
This appeal stems from an adjudication of delinquency in the Juvenile Division of the Circuit Court wherein the appellant argues that where there is no evidence as to the value of the property damage, the trial court should have granted, in part, the juvenile's Motion for Judgment of Acquittal, with respect to the charge of felony criminal mischief, and found the juvenile guilty of the lesser included offense of second degree misdemeanor criminal mischief.
The State candidly and correctly agrees with the appellant and, accordingly, the finding of delinquency as to the above-stated felony charge is reversed and this cause is remanded to the trial court for the entry of a finding of delinquency as to second degree misdemeanor criminal mischief, the lesser included offense.