D.J.D., a child v. State

The juvenile appeals his adjudication for assault on a law enforcement officer. He argues that because the officer was not engaged in the lawful performance of a duty when the assault occurred, the circuit court erred in denying his motion for judgment of dismissal to reduce the charge from assault on a law enforcement officer to the lesser included offense of assault. We agree with the juvenile’s argument and reverse.

At the adjudicatory hearing, an officer who witnessed the assault testified as follows. He and two other uniformed officers received a dispatch to assist a Department of…