K.D. v. State

Court: District Court of Appeal of Florida
Date filed: 1983-05-17
Citations: 431 So. 2d 694, 1983 Fla. App. LEXIS 20777
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Lead Opinion
BASKIN, Judge.

The state’s failure to prove that defendant K.D. intended to commit a specific offense within the premises requires that the adjudication based on burglary be reduced to trespass under section 810.08(1), Florida Statutes (1981). See Krathy v. State, 406 So.2d 53 (Fla. 1st DCA 1981); Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). We affirm the final order adjudging K.D. delinquent in all other respects.

Affirmed in part, reversed in part, and remanded with directions.