K.D. v. State

District Court of Appeal of Florida

K.D. v. State

431 So. 2d 694, 1983 Fla. App. LEXIS 20777

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1983

DocketNo. 82-1006

StatusPublished

This text of 431 So. 2d 694 (K.D. 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.

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K.D. v. State, 431 So. 2d 694, 1983 Fla. App. LEXIS 20777 (Fla. Ct. App. 1983).

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Opinion

BASKIN, Judge.

The state’s failure to prove that defendant K.D. intended to commit a specific offense within the premises requires that the adjudication based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). We affirm the final order adjudging K.D. delinquent in all other respects.

Affirmed in part, reversed in part, and remanded with directions.

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BASKIN, Judge.

The state’s failure to prove that defendant K.D. intended to commit a specific offense within the premises requires that the adjudication based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). We affirm the final order adjudging K.D. delinquent in all other respects.

Affirmed in part, reversed in part, and remanded with directions.

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431 So. 2d 694, 1983 Fla. App. LEXIS 20777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kd-v-state-fladistctapp-1983.

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