J.L.H. v. STATE

No. 2D08-543.

990 So.2d 686 (2008)

J.L.H., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 19, 2008.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

J.L.H. appeals his adjudication of delinquency for resisting an officer without violence. He argues that the trial court erred in denying his motion to dismiss. See Fla. R. Juv. P. 8.110(k) (providing for motion for judgment of dismissal to test legal sufficiency of evidence in juvenile proceedings). We reverse.

On November 7, 2007, Officer Ouellette received a call to investigate a burglary to a vehicle at a motel in Lake Wales. The...

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