T.V.W. v. State

Full title: T.V.W., Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: May 20, 2011

60 So. 3d 1178 (Fla. Dist. Ct. App. 2011)

Opinion

No. 2D09-3145.

May 20, 2011.

Appeal from the Circuit Court for Hillsborough County; Ashley B. Moody, Judge.

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

T.V.W. appeals the trial court's order withholding adjudication and placing him on probation for battery. The State correctly concedes that the trial court erred in finding T.V.W. guilty of battery as a permissive lesser included offense to the charge of attempted robbery where the elements of the crime of battery were not charged in the petition for delinquency. N.H.M. v. State, 974 So.2d 484, 486 (Fla. 2d DCA 2008). Accordingly, we reverse the order withholding adjudication that finds T.V.W. guilty of battery and remand for further proceedings consistent with this opinion.

Reversed and remanded.

DAVIS and LaROSE, JJ., Concur.