Opinion
No. 42550.
December 13, 1972. Rehearing Denied January 24, 1973.
Appeal from the Juvenile and Domestic Relations Court, Dade County, Sidney M. Weaver, J.
Sydney L. Weintraub, Miami, and Douglas E. Ombres, Key Biscayne, of Weintraub Weintraub, Miami, for petitioner.
James G. Mahorner, Gen. Counsel, State of Florida Department of Health and Rehabilitative Services, Tallahassee, for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 262 So.2d 701.
The decision sought to be reviewed directly conflicts with V.D.B. v. State, 261 So.2d 857 (Fla.App.1st 1972), recently affirmed by this Court in 270 So.2d 6, opinion filed November 29, 1972, holding the standard of proof required in the adjudication phase of a juvenile delinquency proceeding to be the criminal standard of "beyond a reasonable doubt" where the offense charged would be a crime if committed by an adult.
In view of our recent decision in State v. V.D.B. resolving the very question here presented, it is unnecessary to have any arguments or briefs on the merits in this cause and they are, therefore, dispensed with.
270 So.2d 6, Case No. 42,465, opinion filed November 29, 1972.
Accordingly, certiorari is granted, the decision sought to be reviewed is quashed to the extent inconsistent with State v. V.D.B., supra, and the cause remanded for further proceedings consistent herewith.
It is so ordered.
ROBERTS, C.J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.