J.C.M. v. STATE

No. 78-1064.

375 So.2d 873 (1979)

In the Interest of J.C.M., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow and William Murphy, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

In this delinquency proceeding appellant was charged with aggravated assault and found guilty of culpable negligence. He contends that his adjudication of delinquency based on that finding was improper because culpable negligence was not a lesser included offense of the crime with which he was charged. We agree and reverse.

The state's petition, the accusatory pleading in this case, charged that appellant unlawfully assaulted a named individual...

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