In the Interest of R.L.A. v. State

District Court of Appeal of Florida

In the Interest of R.L.A. v. State

447 So. 2d 448, 1984 Fla. App. LEXIS 12374

District Court of Appeal of Florida·Decided March 23, 1984·No. No. 83-1970·Published

Opinion

HOBSON, Acting Chief Judge.

Reversed on the basis of P.P.M., a Child, v. State, 447 So.2d 445 (Fla. 2d DCA 1984). We find that the evidence supports appellant’s delinquency adjudication for second degree arson, a lesser included offense of first degree arson. Therefore, we remand with instructions that the trial court enter judgment on the lesser included offense [section 806.01(2), Florida Statutes (1981)] and to pass sentence accordingly. See Tukes v. State, 346 So.2d 1056 (Fla. 1st DCA 1977); Johnson v. State, 188 So.2d 61 (Fla. 3d DCA 1966).

REVERSED and REMANDED.

SCHEB and LEHAN, JJ., concur.

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HOBSON, Acting Chief Judge.

Reversed on the basis of P.P.M., a Child, v. State, 447 So.2d 445 (Fla. 2d DCA 1984). We find that the evidence supports appellant’s delinquency adjudication for second degree arson, a lesser included offense of first degree arson. Therefore, we remand with instructions that the trial court enter judgment on the lesser included offense [section 806.01(2), Florida Statutes (1981)] and to pass sentence accordingly. See Tukes v. State, 346 So.2d 1056 (Fla. 1st DCA 1977); Johnson v. State, 188 So.2d 61 (Fla. 3d DCA 1966).

REVERSED and REMANDED.

SCHEB and LEHAN, JJ., concur.

In the Interest of R.L.A. v. State, 447 So. 2d 448, 1984 Fla. App. LEXIS 12374 (Fla. Ct. App. 1984).

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Opinion

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