G.D. v. STATE

No. 4D01-3972.

828 So.2d 1075 (2002)

G.D., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sandra Braverman, Assistant Attorney General, Fort Lauderdale, for appellee.


PER CURIAM.

In finding appellant, a juvenile, guilty of the delinquent act, the trial court stated, "[b]ased on the totality of the circumstances and the credibility of the testimony, I find the defendant guilty as charged." (Emphasis added). Appellant argues that the court failed to use the proper burden of proof of "beyond a reasonable doubt." However, "totality of the circumstances" is not a burden of proof, and the judge's use of that phrase does not demonstrate...

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