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J.A. v. STATE

No. 90-2261.

593 So.2d 572 (1992)

J.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 17, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Burke and Harvey J. Sepler, Assts. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.

PER CURIAM.

This is an appeal by the juvenile respondent J.A. from an adjudication of delinquency for manslaughter by culpable negligence [§ 782.07, Fla. Stat. (1989)] which was entered below after a non-jury trial. We conclude that the trial court erred in denying J.A.'s motion for an adjudication of non-delinquency because the state failed to establish that the respondent was guilty, as charged, of "culpable negligence" in this tragic homicide — that...

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