05-1729 K.O. V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-1729 K.O. V. STATE

Case Date: 11/23/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

K.O., a juvenile, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 05-600 CASE NO. 3D05-1729

Opinion filed November 23, 2005. An Appeal from the Circuit Court for Miami-Dade County, William Johnson, Judge. Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, Barker, Assistant Attorney General, for appellee. and John D.

Before COPE, C.J., and GERSTEN and GREEN, JJ. PER CURIAM. K.O. appeals an order adjudicating him to be delinquent. We affirm in part and reverse in part.

K.O. argues that the evidence was legally insufficient to convict him of the charge of aggravated assault. We affirm on

authority of L.R.W. v. State, 848 So. 2d 1263, 1266 (Fla. 5th DCA 2003). The State concedes On that count there two, is the an error of in the

adjudicatory

order.

charge

criminal

mischief, the State acknowledges that the charge must be reduced to specify that the damage was under $200. See

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