Interest of B.T. v. State

WENTWORTH, Judge.

Appellant B.T. seeks review of an order adjudicating him delinquent and placing *102him on community control. We affirm, finding that the trial court did not violate section 39.05(6), Florida Statutes,1 in allowing the state to amend the delinquency petition.

This case involves the commission of a sexual battery by appellant, age 15, on his 22-year-old mentally handicapped cousin. Appellant was taken into custody several hours thereafter on September 8, 1989, on a probable cause affidavit charging him with

“sexual battery — victim mentally defective.” The original petition for…