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831 So. 2d 1288

Docket No. 5D02-697.

SJ v. State

S.J., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 20, 2002.

District Court of Appeal of Florida · decided 2002-12-20

Cited by 4 later decisions — most recently July 2011

4 state decisions

Key passage — most relied on by later courts

“The conviction of a crime not charged constitutes fundamental error.”); Abies v. State, 338 So.2d 1095, 1096 (Fla. 1st DCA 1976) (”

quoted by 1 later decision, including Innis v. State

Relies on Snipes v. State · Lee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-20

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

¶2*1289 Richard E. Doran, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4S.J., a child, was charged with battery upon a law enforcement officer. During the adjudicatory hearing, the trial judge found the proof insufficient to support that charge, but found it sufficient to support guilt of the uncharged crime of resisting an officer with violence and entered an order of delinquency. Apparently the court believed that the crime of resisting was a lesser included offense of the original charge. See e.g. Lee v. State,779 So.2d 607, 608 (Fla. 2d DCA 2001).

¶5The conviction of a crime not charged constitutes fundamental error and we vacate the order of delinquency. A trial judge has no authority to issue an order amending a charge. Snipes v. State,733 So.2d 1000 (Fla.1999).

¶6ORDER VACATED.

¶7THOMPSON, C.J., PETERSON and PALMER, JJ., concur.

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