O.Y. v. State
O.Y. v. State
62 So. 3d 1292; 2011 Fla. App. LEXIS 10172
(Southern Reporter, Third Series)
O.Y. v. State
Opinion of the Court
Confession of Error
Based on the state’s proper confession of error, we reverse O.Y.’s adjudication of delinquency on count 1 for the lesser included offense of assault on a law enforcement officer. This adjudication is fundamental error because the charging document did not allege the elements of assault, and assault is not a necessarily lesser included offense to the charge of battery on a law enforcement officer. VC. v. State, 63 So.3d 831, 2011 WL 1878004 (Fla. 3d DCA 2011).
The adjudication is affirmed in all other respects.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.