D.J.D. v. STATE

No. 4D12-1242.

143 So.3d 1115 (2014)

D.J.D., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 2014.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Nan Ellen Foley , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Cynthia L. Comras , Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

The juvenile appeals his adjudication for assault on a law enforcement officer. He argues that because the officer was not engaged in the lawful performance of a duty when the assault occurred, the circuit court erred in denying his motion for judgment of dismissal to reduce the charge from assault on a law enforcement officer to the lesser included offense of assault. We agree with the juvenile's argument and reverse.

At the adjudicatory hearing...

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