Florida District Courts of Appeal, 1980

S. T. v. State

Florida District Courts of Appeal · Decided April 22, 1980 · Hubbart, Nesbitt, Schwartz

382 So. 2d 855; 1980 Fla. App. LEXIS 16563 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

J.F. v. State (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the adjudication of delinquency on a finding of attempted burglary be*856cause of a variance between the petition, which laid ownership of the premises in one Minnie Hill, and the proof, which showed temporary ownership, possession and control was in a tenant named Simmy. Haugland v. State, 374 So.2d 1026 (Fla. 3d DCA 1979). The reversal is without prejudice to file an amended petition for delinquency properly alleging temporary ownership, possession and control, provided the offense is not barred by limitations and the offender is still a juvenile.

Reversed and remanded.

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