T.S.S. v. State

T.S.S. and T. J. appeal the final order withholding adjudication for disorderly conduct and the order of community control. We reverse because there was insufficient evidence of disorderly conduct, thus, rendering the sentencing issue moot.

The only evidence the state presented was the testimony of a sheriffs deputy, who responded to a loud party behind an apartment building. The deputy’s testimony did not support a determination that the boys violated section 877.03, Florida Statutes (1993). The deputy did not hear either boy say anything in particular. The deputy testified that they…