NR v. State

452 So. 2d 1052
Procedural entryThis page is a short order in NR v. State. Read the opinion of the Court — 1984 Fla. App. LEXIS 14172
District Court of Appeal of Florida·Decided July 10, 1984·No. 83-1749·Published

Opinion

452 So.2d 1052 (1984)

N.R., a Juvenile, Appellant,
v.
The STATE of Florida, Appellee.

No. 83-1749.

District Court of Appeal of Florida, Third District.

July 10, 1984.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The trial court's finding that appellant committed an act of delinquency is affirmed, but the offense is reduced from criminal mischief to attempted criminal mischief because the State failed to prove that the rocks hurled at a school building by appellant caused any damage. Damage *1053 to property is specifically made an element of the criminal mischief statute. See Section 806.13, Florida Statutes (1983).

Affirmed as reduced and remanded for further consistent proceedings.

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NR v. State, 452 So. 2d 1052 (Fla. Ct. App. 1984).

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