In Re the Welfare of D.W.O.

OPINION

DANIEL F. FOLEY, Judge. *

This appeal is from an adjudication of delinquency for conspiracy to commit first- degree criminal damage to property. Minn.Stat. §§ 609.175, subd. 2, 609.595, subd. 1(3) (1996). Because we conclude the trial court erred in adjudicating appellant D.W.O. delinquent based on a conspiracy theory not charged in the delinquency petition, we reverse.

FACTS

Appellant D.W.O. was charged by delinquency petition with disorderly conduct and aiding and abetting first-degree criminal damage to property. The petition alleged that D.W.O. was among a group of juveniles in two…