T.M. v. State

Full title: T.M., a Child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 17, 1999

739 So. 2d 740 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3276.

Opinion filed September 17, 1999.

Appeal from the Circuit Court for Osceola County, Renee A. Roche, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the trial court's determination that T.M. committed two delinquent acts: burglary of a dwelling,¹ and criminal mischief.² The court withheld adjudication and issued a judicial warning. However, a prior order indicates that T.M. committed felony criminal mischief rather than misdemeanor criminal mischief as found by the trial judge. Accordingly, we remand this cause to reflect the finding that T.M. committed misdemeanor rather than felony criminal mischief and otherwise affirm.

1 § 810.02, Fla. Stat.

2 § 806.13, Fla. Stat.

AFFIRMED; REMANDED.

SHARP, W., HARRIS and THOMPSON, JJ., concur.