T.R.P. v. State

Full title: T.R.P., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Aug 5, 1998

714 So. 2d 1193 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-04466

August 5, 1998.

Appeal from the Circuit Court for Hillsborough County; Edgar A. Hinson, Judge.

Robert A. Samartin of Berkowitz, Stanley Associates, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Scionti, Assistant Attorney General, Tampa, for Appellee.

CAMPBELL, Acting Chief Judge.

T.R.P., appellant, challenges the trial court order adjudicating him delinquent for a misdemeanor failure to redeliver leased personal property (a tuxedo) in violation of section 812.155 (3), Florida Statutes (1995). We agree with appellant that the State's evidence fails to show appellant's willful refusal to return the tuxedo. Neither does it show on his part an intent to defraud. Accordingly, we reverse the adjudication of delinquency and remand with directions that appellant be discharged.

NORTHCUTT and CASANUEVA, JJ., concur.