Florida District Courts of Appeal, 1977

D. L. J. v. State

D. L. J. v. State
Florida District Courts of Appeal · Decided October 18, 1977 · McCord, Melvin, Smith
350 So. 2d 833 (Southern Reporter, Second Series)

D. L. J. v. State

Opinion of the Court

PER CURIAM.

Affirmed.

McCORD, C. J., and MELVIN, J., concur. SMITH, J., dissents.

Dissenting Opinion

SMITH, Judge,

dissenting:

The majority are of the view that the evidence was sufficient in this case to support the trial court’s finding that “the above named child did commit the offenses as alleged in the petition,” namely, attempt to enter a conveyance with intent to commit an offense therein, and loitering. I conceive that the evidence was insufficient to support the trial court’s finding in re-, spect to either count, and would therefore reverse the order appealed. Section 39.-14(1), Florida Statutes (1975); State v. Ecker, 311 So.2d 104 (Fla. 1975), cert. den., 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975).

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