O.D. v. State

PATTERSON, Judge.

This appeal arises from the state charging the appellant by juvenile petition with the assault of Patrick Dawson. Mr. Dawson and his wife testified that the appellant stated to Mr. Dawson: “Before I’m twenty-one, you will be dead.” At the time the appellant made the statement, he did not have a weapon; Mr. Dawson was in his own yard behind a fence and the appellant was across the road. At the close of the state’s case, the appellant made a motion *24for judgment of acquittal, which the trial court denied.

The state failed to prove the essential elements of assault. See § 784.011,…