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E.D., a child, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2010-04-07No. No. 4D09-516
31 So. 3d 328

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Opinion

majority opinion

FARMER, J.

Upon the State’s concession of error, which we accept, the judgment of conviction for criminal mischief is reversed and the case remanded for a judgment of dismissal as to that charge. There is no evidence that, in striking the vehicle of another while backing from a parking space, defendant acted willfully or maliciously. The only thing proven is negligent operation of a motor vehicle. Reversed,.

HAZOURI and DAMOORGIAN, JJ., concur.