M.M. v. State

Because the plain language of controlling statutes dictates a reversal, I respectfully dissent. M.M. was adjudicated delinquent for trespass on school grounds in violation of section 810.097(1), Florida Statutes (2014). At the outset, it is worth noting that trespass was not a crime at common law. As explained in Desin v. State, 414 So.2d 516, 517-18 (Fla.1982):

At common law, a simple trespass upon land or personal property was not a crime; rather, it was a private wrong which was remedied by a civil action to recover damages. 3 W. Burdick, The Law of Crime § 720, at 71 (1946); see generally…