T.H. V. STATE

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Third District Court of Appeal State of Florida, January Term, A.D., 2011 Opinion filed June 22, 2011. ________________ No. 3D10-2147 Lower Tribunal No. 09-4670 ________________ T.H., a juvenile, Appellant, vs. The State of Florida, Appellee. An appeal from the Circuit Court for Miami-Dade County, Orlando A. Prescott, Judge. Carlos J. Martinez, Public Defender, and Daniel Tibbitt, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. CONFESSION OF ERROR Before SUAREZ, LAGOA, and EMAS, JJ. PER CURIAM. The juvenile, T.H., was charged with escape pursuant to section 985.721(3), Florida Statutes (2009). After an adjudicatory hearing, the trial court withheld adjudication and sentenced her to community control. The State properly concedes that the trial court erred in denying the motion for judgment of dismissal because it failed to prove that T.H. was being transport[ed] to or from any . . . secure detention facility or residential commitment facility. § 985.721(3), Fla. Stat. (2009). Accordingly, we vacate the disposition below and remand for dismissal. 2

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