K. M. S. v. STATE

FRANK D. UPCHURCH, Jr., Judge.

This appeal from an adjudication of delinquency for petit theft and resisting a merchant questions whether the order denying *594the motion to dismiss count II (resisting a merchant) of the juvenile petition was in error.

Section 812.015(6), Florida Statutes (1979), under which appellant was charged, includes as a material element of resisting a merchant the requirement that the defendant is subsequently found to be guilty of theft of the subject merchandise.1 Count II failed to include this element. Without this element, count II failed to charge a crime and…