Florida District Courts of Appeal, 1990

D.M. v. State

Florida District Courts of Appeal · Decided February 20, 1990 · Gersten, Hubbart, Levy

558 So. 2d 439; 1990 Fla. App. LEXIS 980; 1990 WL 15239 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

R.L.B. v. State (Fla. Dist. Ct. App. 1990)

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Opinion of the Court

PER CURIAM.

This is an appeal by the respondent D.M. from a final order (1) withholding adjudication of delinquency for grand theft of a motor vehicle [§ 812.014(2)(c)4, Fla.Stat. (1987) ], and (2) placing said respondent on community control, after a non-jury trial. Based on the controlling and indistinguishable authority of G.C. v. State (Fla. 3d DCA 1990 (case no. 88-2571, opinion filed January 30, 1990), we affirm the final order under review except insofar as it is based on a finding that the respondent committed the felony of grand theft of a motor vehicle, and direct that such finding be reduced to the *440misdemeanor of trespass to a conveyance [§ 810.08, Fla.Stat. (1987)].

Affirmed as modified.

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