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K.D. v. STATE

No. 82-1006.

431 So.2d 694 (1983)

K.D., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

BASKIN, Judge.

The state's failure to prove that defendant K.D. intended to commit a specific offense within the premises requires that the adjudication based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). We affirm the final order adjudging...

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