W.K. v. State

Full title: W.K., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 23, 1985

467 So. 2d 795 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-2428.

April 23, 1985.

Appeal from the Circuit Court, Dade County, Seymour Gelber, J.

Bennett H. Brummer, Public Defender, and Samek Besser and Lawrence Besser, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Diane Leeds, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and JORGENSON, JJ.

PER CURIAM.

We reverse the trial court's determination that W.K. committed a delinquent act by resisting arrest without violence in violation of section 843.02, Florida Statutes (1983), upon a holding that this record is devoid of any evidence to support the charge.

We remand with directions to discharge the appellant.

Reversed and remanded with directions.