Opinion
No. 77-940.
January 31, 1978. On Rehearing March 10, 1978.
Appeal from the Circuit Court for Dade County, Dixie Herlong Chastain, J.
Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., for appellee.
Before PEARSON, NATHAN and HUBBART, JJ.
C.D., a juvenile, was charged by petition for delinquency with reckless driving under Section 316.029, Florida Statutes. He takes this appeal from an order finding that he committed the offense of reckless driving, withholding adjudication on that charge and placing him under the supervision of the Division of Youth Services. The sole issue is whether the charge of reckless driving was supported by substantial competent evidence.
Our review of the record indicates that the evidence presented was insufficient to support a finding that C.D. committed the offense of reckless driving. However, the record does support a finding that he was guilty of careless driving under Section 316.030, Florida Statutes. Therefore, we affirm the order of the juvenile court insofar as it withholds adjudication and places C.D. under supervision, but we remand the cause to the juvenile court for modification of the order to reflect that C.D. was guilty of careless driving, not reckless driving.
Affirmed and remanded for modification.
ON PETITION FOR REHEARING
It appearing that under Rule 6.310 of the Florida Rules of Practice and Procedure for Traffic Courts, careless driving is not a lesser included offense of reckless driving, therefore, upon consideration of the petition for rehearing filed by the appellant, our opinion is hereby modified by deleting the finding that C.D. was guilty of careless driving, and by reversing the order of the juvenile court finding C.D. guilty of reckless driving, withholding adjudication of delinquency and placing C.D. under supervision.
Section 316.030, Florida Statutes.
Section 316.029, Florida Statutes.
It is so ordered.