Legal Opinion

K.D. v. State

District Court of Appeal of Florida

Decided May 17, 1983No. 82-1006Published

1Opinion of the Court

BASKIN, Judge.

The state’s failure to prove that defendant K.D. intended to commit a specific offense within the premises requires that the adjudication based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). We affirm the final order adjudging K.D. delinquent in all other respects.

Affirmed in part, reversed in part, and remanded with directions.

2Cases cited2 opinions

  1. Waters v. StateDistrict Court of Appeal of Florida · 1981
  2. Krathy v. StateDistrict Court of Appeal of Florida · 1981