350 So. 2d 833

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

No. EE-102.

District Court of Appeal of Florida, First District.

Oct. 18, 1977.

Richard W. Ervin, III, Public Defender, and Michael M. Corin, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed.

McCORD, C. J., and MELVIN, J., concur.

SMITH, J., dissents.

SMITH, Judge,

dissenting:

The majority are of the view that the evidence was sufficient in this case to support the trial court’s finding that “the above named child did commit the offenses as alleged in the petition,” namely, attempt to enter a conveyance with intent to commit an offense therein, and loitering. I conceive that the evidence was insufficient to support the trial court’s finding in re-, spect to either count, and would therefore reverse the order appealed. Section 39.-14(1), Florida Statutes (1975); State v. Ecker, 311 So.2d 104 (Fla.1975), cert. den., 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975).

D. L. J. v. State
350 So. 2d 833

Case Details

Name
D. L. J. v. State
Decision Date
Oct 18, 1977
Citations

350 So. 2d 833

Jurisdiction
Florida

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