O.Y. v. State

District Court of Appeal of Florida

O.Y. v. State

62 So. 3d 1292, 2011 Fla. App. LEXIS 10172

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 2011

DocketNo. 3D10-2148

StatusPublished

This text of 62 So. 3d 1292 (O.Y. 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.

Bluebook

O.Y. v. State, 62 So. 3d 1292, 2011 Fla. App. LEXIS 10172 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Confession of Error

Based on the state’s proper confession of error, we reverse O.Y.’s adjudication of delinquency on count 1 for the lesser included offense of assault on a law enforcement officer. This adjudication is fundamental error because the charging document did not allege the elements of assault, and assault is not a necessarily lesser included offense to the charge of battery on a law enforcement officer. VC. v. State, 63 So.3d 831, 2011 WL 1878004 (Fla. 3d DCA 2011).

The adjudication is affirmed in all other respects.

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PER CURIAM.

Confession of Error

Based on the state’s proper confession of error, we reverse O.Y.’s adjudication of delinquency on count 1 for the lesser included offense of assault on a law enforcement officer. This adjudication is fundamental error because the charging document did not allege the elements of assault, and assault is not a necessarily lesser included offense to the charge of battery on a law enforcement officer. VC. v. State, 63 So.3d 831, 2011 WL 1878004 (Fla. 3d DCA 2011).

The adjudication is affirmed in all other respects.

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Bluebook (online)

62 So. 3d 1292, 2011 Fla. App. LEXIS 10172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oy-v-state-fladistctapp-2011.

Opinion

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