J.S. v. State

Lee, Robert W., Associate Judge.

The appellant was adjudicated delinquent for the charge of burglary -with assault while armed. The appellant timely appeals the trial court’s decision, as well as three violation-of-probation petitions which have been consolidated into this appeal. Specifically, the appellant challenges the trial court’s determination that all the elements of the crime of assault were proven. Because we agree that the evidence was insufficient to prove all elements of the crime of assault, we reverse.

Facts

Between 1:30-2:00 a.m., the victim in this case heard noise behind his…