N.R. v. State

Full title: N.R., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 10, 1984

452 So. 2d 1052 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1749.

July 10, 1984.

Appeal from the Circuit Court, Dade County, Dixie Herlong Chastain, J.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The trial court's finding that appellant committed an act of delinquency is affirmed, but the offense is reduced from criminal mischief to attempted criminal mischief because the State failed to prove that the rocks hurled at a school building by appellant caused any damage. Damage to property is specifically made an element of the criminal mischief statute. See Section 806.13, Florida Statutes (1983).

Affirmed as reduced and remanded for further consistent proceedings.