J.M. v. State
In a juvenile delinquency proceeding, the Second District reversed a disposition finding J.M. guilty of aggravated assault as a lesser included offense of armed robbery because the delinquency petition alleged only that J.M. 'carried' a deadly weapon, not that he assaulted the victim with it. The court held this omission was fundamental error even though unpreserved, since a defendant cannot be convicted of an offense whose elements were never charged.
Key facts
- J.M. was charged in a juvenile delinquency proceeding with armed robbery, which alleged that J.M. 'carried' a deadly weapon during the offense.
- The juvenile court found J.M. guilty of aggravated assault as a lesser included offense of the armed robbery charge.
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Why it matters
This opinion reinforces long-standing Florida Supreme Court precedent (Owens, Baker) that 'carrying' a weapon during a robbery is a distinct element from 'using' a weapon to assault someone, and that charging documents… — full analysis with a trial
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