E.M. v. State
E.M. v. State
Opinion of the Court
E.M. appeals her withhold of adjudication of delinquency for burglary of a dwelling and criminal mischief.
With respect to the criminal mischief disposition, the State points out that it had announced a nolle prosse of that count towards the conclusion of the proceeding. Though it does not concede error, the State makes no argument in this appeal for affirmance of this count. We can discern no basis to affirm and are, therefore, compelled to reverse the circuit *992court's disposition on that count. See State v. Braden,
As to the burglary count, we agree with E.M. that the State failed to present any evidence that E.M. held an intent to commit a crime when she entered the house. See § 810.02(1)(b), Fla. Stat. (2017) (defining "burglary" to mean "[e]ntering a dwelling ... with the intent to commit an offense therein"); P.D.T. v. State,
We reverse the circuit court's withhold of adjudication of delinquency as to count four (criminal mischief) with directions to dismiss that charge and as to count one (burglary of a dwelling) with directions to reduce that charge to trespassing. See, e.g., J.J.D. v. State,
Reversed and remanded.
NORTHCUTT, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.
E.M. was charged with third-degree felony criminal mischief, but the circuit court found E.M. committed the act of first-degree misdemeanor criminal mischief. The circuit court also found sufficient evidence to support the charge of trespass of a conveyance, but E.M. does not challenge that finding on appeal.
Apparently, at some point, some of the girls were dancing on the car. It was suspected that this was how the hood and roof became damaged. However, as the State conceded below and on appeal, there was no evidence that E.M. was one of the girls who danced on the car or damaged it in any way.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.