J.S. v. STATE

No. 4D13-973.

147 So.3d 608 (2014)

J.S., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2014.


Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.


FORST, J.

Appellant, a child, appeals the trial court's final disposition finding him guilty of loitering and prowling. Appellant argues that the trial court erred in denying his motion for judgment of dismissal because the State failed to present a prima facie case of the elements of the offense. We agree and reverse.

Background

A law enforcement officer was responding to a report of a "burglary in progress" at 4:00 in the morning in a residential...

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