C.C. v. State

818 So. 2d 671, 2002 Fla. App. LEXIS 8216, 2002 WL 1285157

Opinion

SHEVIN, Judge.

We reverse the adjudication finding the juvenile guilty of willfully interrupting or disturbing a school, under section 871.01, Fla. Stat. (2001). The state did not establish that the juvenile “deliberately acted to create a disturbance.” S.H.B. v. State, 355 So.2d 1176, 1179 (Fla.1977). Nothing in the record would support a finding that the juvenile acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior.” Id.

Reversed and remanded with instructions to enter a judgment of acquittal.