State v. D.W.

Appellant, the State of Florida (“State”), appeals the sua sponte dismissal of a petition for delinquency against appellee, D.W., a juvenile (“D.W.”). We reverse and remand for a new trial.

This case arises from a petition for delinquency against D.W., who is accused of threatening a teacher. D.W. was questioned by the trial court, and the court read the arrest report into the record. The arrest report revealed that D.W. walked up to his teacher, fists balled up, repeatedly called her a liar about his ac*1180tions earlier in class, and stated to her, “listen to me or I’ll hurt you.”

Following the…