K.M.S. v. STATE

No. 80-1081.

402 So.2d 593 (1981)

In the Interest of K.M.S., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellee.

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

This appeal from an adjudication of delinquency for petit theft and resisting a merchant questions whether the order denying the motion to dismiss count II (resisting a merchant) of the juvenile petition was in error.

Section 812.015(6), Florida Statutes (1979), under which appellant was charged, includes as a material element of resisting a merchant the requirement that the defendant...

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