S. T. v. State

District Court of Appeal of Florida

S. T. v. State

382 So. 2d 855, 1980 Fla. App. LEXIS 16563

District Court of Appeal of Florida·Decided April 22, 1980·No. No. 79-1804·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the adjudication of delinquency on a finding of attempted burglary be[856]*856cause of a variance between the petition, which laid ownership of the premises in one Minnie Hill, and the proof, which showed temporary ownership, possession and control was in a tenant named Simmy. Haugland v. State, 374 So.2d 1026 (Fla. 3d DCA 1979). The reversal is without prejudice to file an amended petition for delinquency properly alleging temporary ownership, possession and control, provided the offense is not barred by limitations and the offender is still a juvenile.

Reversed and remanded.

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PER CURIAM.

We reverse the adjudication of delinquency on a finding of attempted burglary be[856]*856cause of a variance between the petition, which laid ownership of the premises in one Minnie Hill, and the proof, which showed temporary ownership, possession and control was in a tenant named Simmy. Haugland v. State, 374 So.2d 1026 (Fla. 3d DCA 1979). The reversal is without prejudice to file an amended petition for delinquency properly alleging temporary ownership, possession and control, provided the offense is not barred by limitations and the offender is still a juvenile.

Reversed and remanded.

S. T. v. State, 382 So. 2d 855, 1980 Fla. App. LEXIS 16563 (Fla. Ct. App. 1980).

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Opinion

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