B. D. v. State

LARRY G. SMITH, Judge.

We affirm appellant’s adjudication for delinquency. Although we agree that the evidence was insufficient to prove the crime of burglary, there being no evidence upon which to base a finding of intent to commit the offense of theft, as specifically charged in the petition,1 the evidence did establish commission of the offense of trespass of an occupied structure, a misdemeanor of the first degree. Conviction of this offense would be sufficient upon which to base an adjudication of delinquency.2

*71We reject appellant’s argument that the offense of trespass is not a lesser…