Interest of J. C. M. v. State
Interest of J. C. M. v. State
Opinion of the Court
In this delinquency proceeding appellant was charged with aggravated assault and found guilty of culpable negligence. He contends that his adjudication of delinquency based on that finding was improper because culpable negligence was not a lesser included offense of the crime with which he was charged. We agree and reverse.
The state’s petition, the accusatory pleading in this case, charged that appellant unlawfully assaulted a named individual with a deadly weapon, an automobile, without intent to kill. Such an act constitutes aggravated assault. Section 784.021(l)(a), Florida Statutes (1977). Section 784.011 defines an assault as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well founded fear in such other person that such violence is imminent.
The crime of culpable negligence consists of exposing another person to personal injury or inflicting actual personal injury through culpable negligence. § 784.-05(1). Our supreme court has defined culpable negligence as “reckless indifference or grossly careless disregard for the safety of others.” State v. Greene, 348 So.2d 3 (Fla. 1977).
Reversed.
Reference
- Full Case Name
- In the Interest of J. C. M., a child v. STATE of Florida
- Cited By
- 9 cases
- Status
- Published