D.P. V. STATE

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Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed October 3, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-3031 Lower Tribunal No. 10-5649 ________________ D.P., a juvenile, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Marcia B. Caballero, Judge. Carlos J. Martinez, Public Defender, and Thomas Regnier and Michael Mayer, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee. Before CORTIƃ AS, SALTER and FERNANDEZ, JJ. PER CURIAM. D.P. appeals the trial court s order withholding adjudication of delinquency for third-degree grand theft. Based upon the State s concession that it did not establish that the stolen property constituted grand theft, we reverse the trial court s adjudication of delinquency for grand theft and remand the cause for the court s entry of a finding of delinquency for the lesser included offense of firstdegree petit theft. Affirmed in part, reversed in part with instructions. 2

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