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D.R.S. v. STATE

No. 2D04-5640.

912 So.2d 1280 (2005)

D.R.S., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 2, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard E. MacDonald, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

The State filed a petition alleging that D.R.S. was a delinquent child because he possessed marijuana. After a bench trial, the circuit court found D.R.S. guilty, withheld adjudication of delinquency, and ordered him to obtain substance abuse treatment. In this appeal, D.R.S. challenges the sufficiency of the evidence to support the finding of guilt based on the fact that the State failed to introduce the marijuana at trial. We reverse.

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