B.C. v. STATE

No. 1D10-5917.

70 So.3d 666 (2011)

B.C., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 6, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Archie F. Gardner, Jr. and Richard B. Gordon , Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Dixie Daimwood , Donna A. Gerace , and Trisha Meggs Pate , Assistant Attorneys General, Tallahassee, for Appellee.


HAWKES, J.

This is an appeal from a conviction for trespass on school grounds pursuant to section 810.097(2), Florida Statutes (2010). Defendant argues the trial court erred in denying his motion to dismiss the charge. Although the motion is not included in the record, one of the arguments defendant raises on appeal reveals fundamental error, namely that there was no evidence showing the principal or his designee ordered him to leave school grounds. Because this was...

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