F.B. v. State

District Court of Appeal of Florida

F.B. v. State

969 So. 2d 1182, 2007 Fla. App. LEXIS 19187, 2007 WL 4245415

District Court of Appeal of Florida·Decided December 5, 2007·No. No. 2D06-4837·Published

Opinion

PER CURIAM.

F.B. appeals the trial court’s finding of guilt for felony battery and argues that the State failed to prove the elements of the crime. We affirm because the error was not preserved.

In a juvenile proceeding, a motion for judgment of dismissal at the conclusion of the State’s case is necessary to preserve the issue for review. See Fla. R. Juv. P. 8.525(h); J.D. v. Dep’t of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). F.B.’s counsel moved for judgment of dismissal at the close of the State’s case, but not on grounds that the State failed to prove the elements of the crime.

Accordingly, we must affirm.

CASANUEVA and STRINGER, JJ., and DAKAN, STEPHEN L„ Associate Senior Judge, Concur.

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PER CURIAM.

F.B. appeals the trial court’s finding of guilt for felony battery and argues that the State failed to prove the elements of the crime. We affirm because the error was not preserved.

In a juvenile proceeding, a motion for judgment of dismissal at the conclusion of the State’s case is necessary to preserve the issue for review. See Fla. R. Juv. P. 8.525(h); J.D. v. Dep’t of Children & Families, 825 So.2d 447 (Fla. 1st DCA 2002). F.B.’s counsel moved for judgment of dismissal at the close of the State’s case, but not on grounds that the State failed to prove the elements of the crime.

Accordingly, we must affirm.

CASANUEVA and STRINGER, JJ., and DAKAN, STEPHEN L„ Associate Senior Judge, Concur.

F.B. v. State, 969 So. 2d 1182, 2007 Fla. App. LEXIS 19187, 2007 WL 4245415 (Fla. Ct. App. 2007).

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Opinion

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