From Casetext: Smarter Legal Research

S.W.W. v. State

District Court of Appeal of Florida, Third District
Jan 8, 2003
833 So. 2d 877 (Fla. Dist. Ct. App. 2003)
Download
PDF
Check
Treatment

Summary

concluding child's conduct did not violate section 877.13 where State did not establish that the child acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior”

Summary of this case from S.L. v. State
See 4 Summaries

Opinion

Case No. 3D02-820.

Opinion filed January 8, 2003.

An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. L.T. No. 01-11965.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charlie Crist, Attorney General, and Andrea D. England (Ft. Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., SHEVIN, JJ. and NESBITT, Senior Judge.

PER CURIAM.

S.W.W., a juvenile, appeals an adjudication of delinquency finding him guilty of willfully interrupting or disturbing a school in violation of section 877.13, Fla. Stat. (2001). We reverse the adjudication. The state did not establish that the juvenile "deliberately acted to create a disturbance." S.H.B. v. State, 355 So.2d 1176, 1179 (Fla. 1977). The record does not support a finding that the juvenile acted "with the intention that his behavior impede the successful functioning" of the school or that he acted "with reckless disregard of the effect of his behavior." Id.

Reversed and remanded with instructions to enter a judgment of acquittal for violation of section 877.13.

Summaries of

S.W.W. v. State

District Court of Appeal of Florida, Third District
Jan 8, 2003
833 So. 2d 877 (Fla. Dist. Ct. App. 2003)

concluding child's conduct did not violate section 877.13 where State did not establish that the child acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior”

Summary of this case from S.L. v. State

reversing conviction where there was no evidence that the accused acted to create a disturbance or that he acted with reckless disregard of the effect of his behavior

Summary of this case from S.L. v. State

reversing a conviction under statute because record did not support a finding that the juvenile acted `with the intention that his behavior impede the successful functioning' of the school or that he acted "with reckless disregard of the effect of his behavior'; court did not describe behavior on which charges were based

Summary of this case from P.J.B. v. State

reversing a conviction under statute because record did not support a finding that the juvenile acted "with the intention that his behavior impede the successful functioning" of the school or that he acted "with reckless disregard of the effect of his behavior"; court did not describe behavior on which charges were based

Summary of this case from A.M.P. v. State
Case details for

S.W.W. v. State

Case Details

Full title:S.W.W., a Juvenile, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 8, 2003

Citations

833 So. 2d 877 (Fla. Dist. Ct. App. 2003)

Citing Cases

S.L. v. State

We find no evidence, as well, from which it can be inferred that S.L. specifically and intentionally intended…

P.J.B. v. State

"The statute's requirement that one must `knowingly' disrupt the functioning of an educational institution…

3 Citing Cases