Florida District Courts of Appeal, 1992

T.K. v. State

T.K. v. State
Florida District Courts of Appeal · Decided October 7, 1992 · Anstead, Gunther, Polen
605 So. 2d 184; 1992 Fla. App. LEXIS 10475; 1992 WL 260858 (Southern Reporter, Second Series)

T.K. v. State

Opinion of the Court

PER CURIAM.

The appellant was convicted of a third degree felony under section 893.13(l)(a)2, Florida Statutes (1991). The appellant argues that the petition for delinquency only charged him with a first degree misdemeanor, and, therefore, the trial court erred in convicting him of a third degree felony. We agree and reverse. See Michutka v. State, 506 So.2d 1 (Fla. 1st DCA 1986); Fike v. State, 455 So.2d 628 (Fla. 5th DCA 1984), approved 474 So.2d 1192 (Fla. 1985); Young v. State, 439 So.2d 306 (Fla. 5th DCA 1983); Boley v. State, 273 So.2d 109 (Fla. 4th DCA 1973). On remand, the trial court is instructed to enter the proper judgment.

REVERSED AND REMANDED.

ANSTEAD, GUNTHER and POLEN, JJā€ž concur.

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