IN THE INTEREST OF R. R., A CHILD
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PER CURIAM.
This is an appeal from an adjudication of delinquency and an order placing appellant on probation. The juvenile was charged with burglary of a conveyance under Section 810.02(1), Florida Statutes (1979), and found guilty of petit theft under Section 812.014, Florida Statutes (1979). On appeal it is asserted that petit theft is not a lesser included offense of burglary of a conveyance. We agree and reverse the adjudication. Pursuant to Section 924.34, Florida Statutes (1979), we conclude the evidence showed appellant was guilty of trespass of a conveyance under Section 810.08(1), Florida Statutes, which was a necessarily lesser included offense of the crime charged. The matter is remanded to the trial court with instructions to enter judgment accordingly.
REVERSED AND REMANDED.
BERANEK, HERSEY and HURLEY, JJ., concur.
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G.C. v. State, 560 So. 2d 1186 (Fla. 3d DCA 1990)…. According to Williams v. State, 461 So. 2d 1010 (Fla. 5th DCA 1984), the 1981 version of the Standard Jury Instructions classified trespass as a category one lesser included offense of burglary. Id. at 1011 n. 7; see also In the Interest of R.R., 397 So. 2d 1051 (Fla. 4th DCA 1981). In 1987 the classification was changed to category two. The Florida Bar re Standard Jury Instructions — Criminal, 508 So. 2d 1221, 1232 (Fla.1987). R.R. relied on section 924.34 as authority for sustaining the adjudication of d…
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Williams v. State, 461 So. 2d 1010 (Fla. 5th DCA 1984)…e makes the timing of the commission of a criminal act, as well as the date of conviction for it, significant factors. Section 812.014 simply speaks in terms of prior convictions. . Macek v. State, 409 So. 2d 107 (Fla. 4th DCA 1982); R.R. v. State, 397 So. 2d 1051 (Fla. 4th DCA 1981). In the present Schedule of Lesser Included Offenses attached to the Florida Standard Jury Instructions trespass is a Category I or necessarily lesser included offense of burglary. Supreme Court Committee on Standard Jury Instruc…