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T.K. v. State

605 So. 2d 184, 1992 Fla. App. LEXIS 10475, 1992 WL 260858
CourtDistrict Court of Appeal of Florida
DecidedOctober 7, 1992
DocketNo. 92-0124
StatusPublished

This text of 605 So. 2d 184 (T.K. 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
T.K. v. State, 605 So. 2d 184, 1992 Fla. App. LEXIS 10475, 1992 WL 260858 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

The appellant was convicted of a third degree felony under section 893.13(l)(a)2, Florida Statutes (1991). The appellant argues that the petition for delinquency only charged him with a first degree misdemeanor, and, therefore, the trial court erred in convicting him of a third degree felony. We agree and reverse. See Michutka v. State, 506 So.2d 1 (Fla. 1st DCA 1986); Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984), approved 474 So.2d 1192 (Fla.1985); Young v. State, 439 So.2d 306 (Fla. 5th DCA 1983); Boley v. State, 273 So.2d 109 (Fla. 4th DCA 1973). On remand, the trial court is instructed to enter the proper judgment.

REVERSED AND REMANDED.

ANSTEAD, GUNTHER and POLEN, JJ„ concur.

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Related

Boley v. State
273 So. 2d 109 (District Court of Appeal of Florida, 1973)
Young v. State
439 So. 2d 306 (District Court of Appeal of Florida, 1983)
Fike v. State
455 So. 2d 628 (District Court of Appeal of Florida, 1984)
Michutka v. State
506 So. 2d 1 (District Court of Appeal of Florida, 1986)
Fike v. State
474 So. 2d 1192 (Supreme Court of Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
605 So. 2d 184, 1992 Fla. App. LEXIS 10475, 1992 WL 260858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tk-v-state-fladistctapp-1992.