P.D.W. v. State

PATTERSON, Judge.

In this juvenile proceeding, the appellant challenges his adjudication for resisting a merchant and his commitment to the Department of Health and Rehabilitative Ser*1113vices (HRS) for both resisting a merchant and petit theft. We vacate the appellant’s adjudication and commitment for resisting a merchant and affirm in all other respects.

The state correctly asserts that a conviction for the underlying theft must be obtained before the state can bring a charge for resisting a merchant. K.C. v. State, 524 So.2d 658 (Fla.1988). The state, however, never charged the appellant with…