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E.D. v. State

31 So. 3d 328, 2010 Fla. App. LEXIS 4505
Procedural entryThis page is a short order in E.D. v. State. Read the opinion of the Court — 2007 Fla. App. LEXIS 15673 →
District Court of Appeal of Florida·Decided April 7, 2010·No. No. 4D09-516·Published

Opinion

FARMER, J.

Upon the State’s concession of error, which we accept, the judgment of conviction for criminal mischief is reversed and the case remanded for a judgment of dismissal as to that charge. There is no evidence that, in striking the vehicle of another while backing from a parking space, defendant acted willfully or maliciously. The only thing proven is negligent operation of a motor vehicle.

Reversed,.

HAZOURI and DAMOORGIAN, JJ., concur.

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E.D. v. State, 31 So. 3d 328, 2010 Fla. App. LEXIS 4505 (Fla. Ct. App. 2010).

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