C.L.P. v. State

The appellant, C.L.P., appeals his adjudication of delinquency and disposition of time served. He was found guilty of attempted battery on a school board employee, an offense the trial judge designated a first-degree misdemeanor under an incorrect interpretation of section 784.081, Florida Statutes (2012). On appeal, C.L.P. *1122argues that the offense of attempted battery on a school employee does not exist. We agree.

As we previously held in W.T.D. v. State, 906 So.2d 333, 334 (Fla. 4th DCA 2005), section 784.081 does not create the offense of attempted battery on a school employee but rather…