F.N. v. State

A delinquency petition charged appellant with aggravated battery with a deadly weapon. The trial court found the defendant guilty of attempted aggravated battery with a deadly weapon. Appellant argues that the judge was without the power to find appellant guilty of an attempt because an attempt was neither charged in the delinquency petition nor supported by the evidence.

Florida Rule of Juvenile Procedure 8.110® provides that if the offense alleged in a petition “necessarily includes lesser offenses[,] the court may find the child committed such a lesser offense.” Rule 8.110® “encompasses…