R.R.W. v. STATE

No. 2D04-5367.

915 So.2d 633 (2005)

R.R.W., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 30, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Anne Owens, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

R.R.W. appeals from an order placing him on probation but withholding adjudication for delinquent acts of criminal mischief and trespass. We affirm the disposition as to trespass but reverse as to criminal mischief because the circumstantial evidence against R.R.W. was legally insufficient to sustain the charge.

In an amended petition for delinquency, the State charged R.R.W. with a violation of section 806.13, Florida Statutes (2003), for...

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