In re T.J.E.

WUEST, Chief Justice.

ACTION

T.J.E. appeals her adjudication and disposition as a juvenile delinquent. We reverse.

FACTS

T.J.E., age 11, entered a retail store during business hours with her aunt. While in the store, T.J.E. took and ate a piece of candy from a display and left with her aunt without paying for the candy. T.J.E. was stopped outside of the store by the manager and ultimately admitted to him that she had eaten a piece of candy without paying for it.

State subsequently filed a petition in the circuit court alleging T.J.E. to be a delinquent child. The petition alleged second degree…