State v. L.L.
State v. L.L.
Opinion of the Court
L.L. pleaded guilty to the charge of battery on a teacher, a school board employee. The trial court withheld adjudication. The trial court also ruled that L.L. was not required to provide a DNA sam-
Section 943.325 requires blood or other biological specimen testing for DNA analysis of “/a]ny person who is convicted ... [for] any forcible felony, as described in s. 776.08 ....” § 943.325(l)(a), (b)(4) (emphasis added). “Any person ” includes juveniles under Department of Juvenile Justice (DJJ) supervision. § 943.325(l)(c). L.L. falls within this category because the trial court ordered him to complete a DJJ-supervised juvenile arbitration program.
“Convicted” in the case of a juvenile includes a finding of guilt or a plea of guilty, regardless of adjudication of delinquency. § 943.325(10)(d). Although the trial court withheld adjudication, L.L. pleaded guilty to the charged offense. “Forcible felony ” includes:
treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
§ 776.08, Fla. Stat. (2004) (emphasis added).
Battery on a school board employee is a third-degree felony. § 784.081(2)(e), Fla. Stat. (2004). The record establishes that L.L. used physical force against a teacher. Indeed, L.L. “shoved and pushed using his body, pushing [the victim] backwards while [the] victim tried to protect the class from [L.L.].” Thus, L.L.’s offense, to which he pleaded guilty, falls within the ambit of section 943.325 and L.L. must provide a DNA sample.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.