D.E. v. State

Appellant, D.E. appeals from the lower court’s final order adjudicating him delinquent of trespass in an occupied structure. We reverse and remand.

D.E., along with a male and female, were discovered by officers sleeping in a vehicle that had been reported stolen the previous night. D.E. was arrested and charged with trespass in an occupied structure or conveyance, a first degree misdemeanor. See § 810.08(1),(2)(b), Fla. Stat. (1997). D.E. was tried and adjudicated delinquent of the charge. This appeal followed.

Section 810.08(1), (2)(b), Florida Statutes provides in pertinent part:(1) Whoever,…