No. 79-2602 | Fla. Dist. Ct. App. | May 13, 1981
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.