J.S., a Child v. State

Appellant, a child, appeals the trial court’s final disposition finding him guilty of loitering and prowling. Appellant argues that the trial court erred in denying his motion for judgment of dismissal because the State faded to present a prima facie case of the elements of the offense. We agree and reverse.

Background

A law enforcement officer was responding to a report of a “burglary in progress” at 4:00 in the morning in a residential neighborhood when he came upon Appellant walking in the area. Appellant was the only person noticed by the officer in this area. He pulled up next to Appellant…