R.D. v. State

Full title: R.D., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Feb 22, 1983

426 So. 2d 1293 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-800.

February 22, 1983.

Appeal from the Circuit Court, Dade County, Adele Segall Faske, J.

Bennett H. Brummer, Public Defender and Diane H. Tutt, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, BARKDULL and BASKIN, JJ.

PER CURIAM.

The Appellant was adjudicated delinquent after a finding that he had attempted to burglarize a motor vehicle. We fail to find, in the record, any evidence which would support a finding that the appellant attempted to burglarize a vehicle rightfully in the custody of another, on the date charged in the petition for delinquency. O'Bryan v. State, 359 So.2d 545 (Fla. 4th DCA 1978); State v. Ward, 354 So.2d 125 (Fla. 3d DCA 1978); Sifford v. State, 202 So.2d 14 (Fla. 3d DCA 1967). The adjudication of delinquency is reversed with directions to discharge the appellant.

Reversed and remanded with directions.