Legal Opinion

D.B.B. v. State

District Court of Appeal of Florida

Decided December 17, 2008No. 2D07-6034PublishedCited by 7 opinions

1Opinion of the Court

KHOUZAM, Judge.

D.B.B. appeals two orders, one adjudicating him delinquent for aggravated assault with a deadly weapon and the other revoking his probation based on the adjudication. He argues that the trial court erred in denying his motion for judgment of dismissal because there was insufficient evidence of a deadly weapon. We agree and reverse. However, because the evidence supports an adjudication of delinquency for misdemeanor assault, which properly forms the basis for the revocation of his probation, we affirm the disposition order revoking his probation.

D.B.B. had previously been…

2Cases cited5 opinions

  1. E.J. v. StateDistrict Court of Appeal of Florida · 1989
  2. Forchion v. StateDistrict Court of Appeal of Florida · 1968
  3. Rogan v. StateDistrict Court of Appeal of Florida · 1967
  4. Simmons v. StateDistrict Court of Appeal of Florida · 2001
  5. J.W. v. StateDistrict Court of Appeal of Florida · 2002

3Cited by7 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 2010
  2. James Neil Wallace v. State of FloridaDistrict Court of Appeal of Florida · 2018
  3. J.P. v. StateDistrict Court of Appeal of Florida · 2013
  4. Collier v. StateDistrict Court of Appeal of Florida · 2015
  5. DBB v. StateDistrict Court of Appeal of Florida · 2008

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