Florida District Courts of Appeal, 1989

L.L. v. State

L.L. v. State
Florida District Courts of Appeal · Decided October 31, 1989 · Baskin, Ferguson, Schwartz
550 So. 2d 561; 14 Fla. L. Weekly 2535; 1989 Fla. App. LEXIS 6075; 1989 WL 129156 (Southern Reporter, Second Series)

L.L. v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

L.L., a juvenile, appeals an adjudication of delinquency and an order of disposition. We reverse.

L.L. was charged with burglary and theft by petition for delinquency. He contends that the trial court should have granted his motion for judgment of acquittal because the state failed to prove a pri-ma facie case. The state concedes that it failed to prove that L.L. entered or remained inside or on the curtilage of the victim’s home or that he stole any items therein. Ray v. State, 522 So.2d 963 (Fla.3d DCA), cert. denied, 531 So.2d 168 (Fla. 1988). The record supports this concession. Accordingly, we reverse the order adjudicating L.L. delinquent and the order of disposition.

Reversed.

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