D.A.B. v. State

District Court of Appeal of Florida

D.A.B. v. State

700 So. 2d 129, 1997 Fla. App. LEXIS 11188, 1997 WL 614370

CourtDistrict Court of Appeal of Florida

DecidedOctober 8, 1997

DocketNo. 97-1709

StatusPublished

Cited by1 cases

This text of 700 So. 2d 129 (D.A.B. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.A.B. v. State, 700 So. 2d 129, 1997 Fla. App. LEXIS 11188, 1997 WL 614370 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The juvenile appellant challenges an order by which she was adjudicated delinquent for battery on a school board employee and placed on community control. Because the delinquency petition failed to allege an element of the offense as specified in section 784.081, Florida Statutes (Supp.1996), the adjudication for battery on a school board employee must be reversed. See State v. Gray, 435 So.2d 816 (Fla.1983). But the petition does sufficiently allege commission of simple battery. See Scott v. State, 379 So.2d 1021 (Fla. 2d DCA 1980); Danzy v. State, 603 So.2d 1320 (Fla. 1st DCA 1992). We accordingly reverse the order under review and remand this ease to the trial court for a finding that the appellant committed simple battery and for appropriate disposition.

MINER, ALLEN and PADOVANO, JJ., concur.

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PER CURIAM.

The juvenile appellant challenges an order by which she was adjudicated delinquent for battery on a school board employee and placed on community control. Because the delinquency petition failed to allege an element of the offense as specified in section 784.081, Florida Statutes (Supp.1996), the adjudication for battery on a school board employee must be reversed. See State v. Gray, 435 So.2d 816 (Fla.1983). But the petition does sufficiently allege commission of simple battery. See Scott v. State, 379 So.2d 1021 (Fla. 2d DCA 1980); Danzy v. State, 603 So.2d 1320 (Fla. 1st DCA 1992). We accordingly reverse the order under review and remand this ease to the trial court for a finding that the appellant committed simple battery and for appropriate disposition.

MINER, ALLEN and PADOVANO, JJ., concur.

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Bluebook (online)

700 So. 2d 129, 1997 Fla. App. LEXIS 11188, 1997 WL 614370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dab-v-state-fladistctapp-1997.

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