J.J.D. v. State

NORTHCUTT, Chief Judge.

J.J.D. and a friend entered a house belonging to Jairo Vargas and his wife and took a bank bag containing Mr. Vargas’s wallet and other personal effects. In the ensuing delinquency proceeding, the circuit court determined that J.J.D. had committed a burglary. The court withheld adjudication and placed J.J.D. on probation. J.J.D. appeals and challenges the denial of his motion for judgment of dismissal. We reverse.

According to the evidence, at the time of the incident the Vargases’ house was vacant. J.J.D. and the other boy were runaways who had been staying in the house…