M.F. v. STATE

No. 1D03-3427.

864 So.2d 1223 (2004)

M.F., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 23, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.

Charles J. Crist, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for appellee.


WOLF, C.J.

Appellant challenges his adjudication of delinquency for possession of burglary tools. He asserts that the trial court erred by denying the motion for judgment of dismissal as to this charge. We agree and reverse.

A deputy sheriff testified that around 11:00 p.m. he saw appellant near a pay phone outside a store that had one of its windows boarded up. At that time the two sheets of plywood covering the window as well as the screws or nails attaching...

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