T.S.W. v. State

GRIMES, Acting Chief Judge.

Appellant, a juvenile, files this appeal from an order adjudicating him to be a delinquent.

The state attorney filed a petition charging appellant with petit theft and alleging a previous adjudication of petit theft, thereby seeking to enhance the charge to a first-degree misdemeanor. Appellant moved to reduce the charge to a second-degree misdemeanor. When the motion was denied, appellant pled nolo contendere, reserving the right to appeal this issue.

Petit theft only becomes a first-degree misdemeanor if it represents the “second conviction for petit theft.” §…