D.W. v. State

34 So. 3d 149, 2010 Fla. App. LEXIS 5885

Opinion

PER CURIAM.

In this juvenile delinquency appeal, we accept the state’s candid confession of error to the effect that our decision in Johnson v. State, 1 So.3d 1164 (Fla. 1st DCA 2009), requires reversal of appellant’s adjudication of delinquency for the offense of sexual battery by digital penetration in violation of section 794.011(2)(b), Florida Statutes (2007) (Count 3 of the petition). Accordingly, we reverse the adjudication of delinquency as to Count 3 only, and remand with directions that the trial court dismiss that count.

REVERSED and REMANDED, with directions.

WEBSTER, LEWIS, and ROBERTS, JJ., concur.