N.Y., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
N.Y., A JUVENILE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
551 So. 2d 1281
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The State concedes that for the lack of proof that the damage to the victim’s home, caused by the defendant’s egg and furniture throwing episode, exceeded $1,000, the adjudication for felony criminal mischief cannot stand. See Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987).
Reversed and remanded with instructions to enter a new adjudication on a first-degree misdemeanor offense.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dwain Edward Clark v. State, 644 So. 2d 350 (Fla. 3d DCA 1994)…e in part. The State correctly acknowledges that the trial court erred in sentencing the defendant to 364 days in the county jail for criminal mischief, where the amount of damage to the property was two hundred dollars or less. See N.V. v. State, 551 So. 2d 1281 (Fla. 3d DCA 1989); Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987). This offense is a second-degree misdemeanor, subject to a statutory maximum of sixty days incarceration. §§ 806.13(l)(b), 775.082(4), Fla.Stat. (1991). Accordingly, we reverse…
Authorities Cited
- Arnaldo Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987)