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STATE v. REED

No. 83-1821.

448 So.2d 1102 (1984)

STATE of Florida, Appellant, v. Howard A. REED, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 1, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

Olen W. Meredith, of Meredith, Dobson & Phillips, St. Augustine, for appellee.

SHARP, Judge.

The state petitions for a writ of certiorari to review the order of a circuit court acting in its appellate capacity, which determined that respondent, Reed, was entitled to a jury trial in a county court on the charge of criminal mischief. Section 806.13, Florida Statutes (1983), provides that "a person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to...

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