E.T.R. v. STATE

No. 2D03-3064.

873 So.2d 571 (2004)

E.T.R., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

E.T.R., adjudicated delinquent as a principal to attempted burglary, contends on appeal that the evidence was legally insufficient to sustain the adjudication. We agree and reverse.

The State's petition charged E.T.R. with the delinquent act of burglary of an unoccupied dwelling. The evidence at trial revealed that the house was owned by E.T.R.'s father, William Reyes. A neighbor testified that he heard the sound of a window breaking and...

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