Florida/Georgia Personal Injury & Workers Compensation

...He was convicted of (1) attempted first-degree murder with a firearm, Fla. Stat. §§ 775.087, 777.04(1), 777.011, 782.04(1), resulting in a sentence of 40 years of imprisonment, including a 20-year mandatory minimum; (2) criminal mischief, Fla. Stat. § 806.13(1)(b)3, resulting in a sentence of 5 years of imprisonment; and (3) discharging a firearm in public, Fla....

...If burglary, also define crime 2b is alleged that was the object of burglary. Explanation of amendments: The instruction begins on page 128 of the manual. The new language is added based on 1990 amendments to F.S. 806.01(2). [Page A-53] *1231 CRIMINAL MISCHIEF (Amended) F.S. 806.13 Before you can find the defendant guilty of criminal mischief, the state must prove the following three elements beyond a reasonable doubt: Elements 1....

...[The damage to the property was greater than $200 but less than $1,000.] c. [The damage to the property was $200 or less.] Explanation of amendment: The instruction appears on page 130 of the manual. The underlined sentence is based on a 1988 amendment to F.S. 806.13(1)(a)....

..., or indecent None Attempt assault or act upon or in Assault — 784.011 presence of child — 800.04 Battery — 784.03 Unnatural and lascivious act — 800.02 Arson — 806.01(1) None Arson 806.01(2) Arson — 806.01(2) [*f] Criminal mischief — Attempt 806.13(1)(b)1 Criminal mischief — 806.13(1)(b)2 Criminal mischief — 806.13(1)(b)3 Criminal mischief — 806.13(2) Criminal mischief — None Attempt 806.13(1)(b)1 [Page A-79] *1257 CHARGED OFFENSES CATEGORY 1 CATEGORY 2 Criminal mischief — Criminal mischief — Attempt 806.13(1)(b)2 806.13(1)(b)1 Criminal mischief — Criminal mischief — Attempt 806.13(1)(b)3 806.13(1)(b)1 Criminal mischief — 806.13(1)(b)2 Burglary with assault or Burglary — 810.02(3) Attempt battery or while armed — Burglary of dwelling 810.02(2) or with human being inside — 810.02(3) Trespass — 810.08(2)(a) Trespass — 810.08(2)(c) Burglary of dwelling or with Burgl...

...crime. Any other conclusion would be illogical and *97 would produce absurd results. For example, a trial court is required by Boykin to conduct a record inquiry of a defendant's guilty plea to a first-degree misdemeanor charge of criminal mischief, section 806.13(1)(b)(2), Florida Statutes (1989), but the same trial court would not have to hold the same inquiry when the defendant is facing a sentence of death in the electric chair when he waives his right to put on mitigating evidence in the penalty phase of a capital case....

...The trial court dismissed the delinquency petition filed against appellees J.T.S. and G.R.W. on the ground that the undisputed facts did not establish a prima facie case against them. We reverse. Appellees were alleged to have committed criminal mischief, in violation of Section 806.13, Florida Statutes (1977), in that they willfully and maliciously damaged an automobile by "rocking and moving" the car....

...1437 (emphasis supplied) (quoting FBI Law Enforcement Bull., Sept. 1952, at 1-2). [22] The State charged Mr. Wyche with burglary of a structure (section 810.02, Florida Statutes (2001)) (Count I), third-degree grand theft (section 812.014(2)(c)1., Florida Statutes (2001)) (Count II), and criminal mischief (section 806.13, Florida Statutes (2001)) (Count III)....

...Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). *1195 I. FACTS In February 1996, Herbert Dickey pled no contest to charges of criminal mischief and failure to appear, both third-degree felonies with statutory, five-year maximum sentences. See §§ 806.13(1)(b)(3), 843.15, Fla....

...ef," Dickey was not apprised that the maximum punishment was five years in prison. Further, a threshold of $1,000 in property damage is the only element dividing felony criminal mischief from the misdemeanor version, a lesser included offense. *1203 § 806.13(1)(b)(2), Fla....

...the First District in Hebert v. State, 614 So.2d 493 (Fla.1993), but was omitted when we rephrased the certified question in that case. Id. at 494. [2] First-degree misdemeanor criminal mischief involves damage greater than $200 but less than $1000. § 806.13(1)(b)2, Fla.Stat. (1993). [3] Second-degree misdemeanor criminal mischief involves damage of $200.00 or less. § 806.13(1)(b)1, Fla.Stat....

...Daniel and an accomplice were charged with spray painting a church, three commercial buildings, and a Tampa Housing Authority building with derogatory statements against the police and Audley Evans, the director of the housing authority. Count II of the information charged Daniel with felony criminal mischief under section 806.13(1)(b)(3), Florida Statutes (1995)....

...Therefore, appellant's conviction of count III, corruption by threat, is reversed. 4. Criminal mischief charge Count IV of the information charged appellant with criminal mischief, amounting to damage in the amount of $1,000 or more, a violation of section 806.13, Florida Statutes. Section 806.13(1), Florida Statutes (1993), provided in part, (1)(a) A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but...

...probation on the battery on a law enforcement officer offense (count III), a violation of section 784.03(1)(b), resisting arrest with violence offense (count IV), a violation of section 843.01, and criminal mischief offense (count V), a violation of section 806.13(1)(a), because these are not section 893.13 enumerated offenses as set forth in section 948.034(2), Florida Statutes (Supp....

...Accordingly, because the criminal mischief statute requires that the offender act against the property of another willfully and with malice, we hold that the trial court erred in denying J.G.'s motion for judgment of acquittal. Reversed. WARNER and POLEN, JJ., concur. NOTES [1] Section 806.13(1)(a), Florida Statutes (1993) provides in part that A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another ...

...See In re Standard Jury Instructions in Criminal Cases, 431 So.2d 594 (Fla.1981). And lastly, the trial court correctly denied the defendant's request for an instruction on criminal mischief. While criminal mischief is also a permissive lesser-included offense, it applies to damage done only to the property of another. See § 806.13, Fla....

...Horkan, Jr., Florida Catholic Conference, Tallahassee, for amici curiae. Rehearing Denied as to 94-4116 only October 11, 1994. MINER, Judge. In these two cases, which have been consolidated for the purposes of briefing, oral argument and opinion, the appellants challenge, on constitutional grounds, section 806.13(2), Florida Statutes (1991), which makes it a felony to deface a church, synagogue, mosque or other place of worship or its religious contents....

...ed to make written findings of fact or state in writing the reasons for its decision to impose adult sanctions against him. Finding no merit in such argument, we affirm on that point without further discussion. As to the constitutional challenges to section 806.13(2), which are issues of first impression in Florida, we conclude that the statute does not violate any constitutional command and therefore affirm. The facts in these two cases are without dispute. Appellants were charged with three counts of criminal mischief each in violation of section 806.13(2), which makes it a third-degree felony to willfully and maliciously cause between $200 and $1,000 damage to a place of worship or its religious contents....

...All doubt will be resolved in favor of the constitutionality of a statute, and an act will not be declared unconstitutional unless it is determined to be invalid beyond a reasonable doubt. State v. Kinner, 398 So.2d 1360, 1363 (Fla. 1981). I. ESTABLISHMENT CLAUSE Appellants challenge section 806.13, Florida Statutes (1991), and particularly that portion of the statute which makes it a felony to deface a place of worship, [1] asserting that it *628 violates the Establishment Clauses of both the state and federal constitutions....

...at 612-13, 91 S.Ct. at 2111, 29 L.Ed.2d at 755. Although not controlling, we find People v. Carter, 228 Ill. App.3d 526, 170 Ill.Dec. 55, 592 N.E.2d 491, appeal denied, 146 Ill.2d 635, 176 Ill.Dec. 807, 602 N.E.2d 461 (1992), persuasive in determining that section 806.13(2) does not violate the Establishment Clause....

...Edwards v. Aguillard, 482 U.S. 578, 586-87, 107 S.Ct. 2573, 2579, 96 L.Ed.2d 510, 521 (1987) (court is normally deferential to state's articulation of a secular purpose). In the instant case, the Staff Summary and Analysis concerning the addition of subsection 806.13(2) provides: "It is believed that legislation of this type is necessary to curtail the increasing number of criminal mischief acts committed in a place of worship and in cemeteries." Since the legislature's articulated purpose was to d...

...Appellant's reliance on Texas Monthly, Inc. v. Bullock, 489 U.S. 1, 109 S.Ct. 890, 103 L.Ed.2d 1 (1989), for the notion that a statute which confers a benefit only on religious institutions or organizations cannot have a secular purpose, to prove that section 806.13 necessarily lacks a secular purpose is misplaced for two reasons....

...Here, the statute does not directly benefit religious organizations in that it merely increases the penalty when criminal mischief is committed to houses of worship. Carter. Second, unlike Bullock, where the exemption only applied to religious literature, an increased penalty under section 806.13 also applies to criminal mischief involving telephone services. *630 § 806.13(3), Fla....

...As explained in Corporation of Presiding Bishop, 483 U.S. at 337, 107 S.Ct. at 2869, 97 L.Ed.2d at 283, for a law to have forbidden effects, it must be fair to say that the government itself has advanced religion through its own activities and influence. Here, although appellants have argued that section 806.13(2)'s primary effect or purpose is to benefit houses of worship, the statute clearly shows that its primary purpose is to punish those who deface all sorts of property, including religious property....

...at 2112, 29 L.Ed.2d at 757. We fail to see how determining whether defaced property is a place of worship or a religious article therein constitutes the type of entanglement contemplated by the Establishment Clause test. Accord Carter. In conclusion, because section 806.13(2) passes muster under each of the tests set out in Lemon, the trial court's order denying appellants' motions to dismiss should be affirmed as to the Establishment Clause issue. II. EQUAL PROTECTION Appellants argue that they are denied equal protection, because section 806.13 treats acts of criminal mischief differently depending upon whether they involve secular or religious property....

...ol discipline, was rationally related to achieve the intended end). Consequently, the trial court's order should be affirmed as to the equal protection issue. AFFIRMED. SMITH, Senior Judge, and PADOVANO, PHILIP J., Associate Judge, concur. NOTES [1] Section 806.13 provides as follows: 806.13 Criminal mischief....

...Three elements must be sufficiently established to prove the crime of criminal *985 mischief: 1) the defendant injured or damaged specified property; 2) the property belonged to another; and 3) the injury or damage was inflicted willfully and maliciously. § 806.13, Fla....

...5, suffice it to say that the malice requirement morphed from inclusion of ill will or hatred toward the owner of the property into a statutory element that specifically requires willful and malicious intent to injure or damage the property of the owner. Hence, although malice was incorporated into the provisions of section 806.13 as an element of the offense of criminal mischief, the mischief criminalized under this statute requires that the defendant specifically intend to damage or destroy the property of another: it is not enough that the defendant act with malice toward the person of the owner....

...necessary for the State to present evidence of the cost of repair or replacement in a criminal mischief case, if the State wishes to convict the defendant of mischief exceeding either the $200 or $1000 threshold.” Marrero, 22 So.3d at 823 (citing § 806.13(l)(b)2.-3., Fla....

...*886 ANALYSIS Due process guarantees that the State must prove each essential element of an offense beyond a reasonable doubt. See State v. Barnum, 921 So.2d 513, 519 (Fla.2005) (citing Fiore v. White, 531 U.S. 225, 229 , 121 S.Ct. 712 , 148 L.Ed.2d 629 (2001)). Section 806.13, Florida Statutes (2006), provides, in part: (l)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including,...

...2d DCA 1982), and the other decisions in this context that apply a “life experience” exception. We remand for the trial court to reduce Petitioner’s conviction of felony criminal mischief to the lesser offense of second-degree misdemeanor criminal mischief as defined in section 806.13(l)(b), Florida Statutes (2006)....

...SMITH, C.J., and JOANOS, J., concur. NOTES [1] Other crimes also make distinctions in the elements to be proved and the potential penalty, based on the value of the property involved. See § 509.151, Florida Statutes (obtaining food or lodging through fraud) and § 806.13, Florida Statutes (criminal mischief)....

...The crime of criminal mischief is a third degree felony if the value of the property damaged exceeds $1000. If it exceeds $200 but is less than $1000, the crime is a first degree misdemeanor. If the value is less than $200, the crime is a second degree misdemeanor. § 806.13(1)(b)1, 2, & 3....

...ef if appellant were an adult—that is, it charged that appellant had "willfully and maliciously injure[d] or damage[d] ... personal property belonging to another," and that "the damage to such property [was] greater than $200 but less than $1,000." § 806.13(1)(b)2, Fla.Stat....

...ng the dollar value of the damage for which appellant was responsible, he could only be found to have committed what would be the offense of second-degree misdemeanor criminal mischief—that is, criminal mischief involving damage of $200.00 or less. § 806.13(1)(b)1, Fla.Stat....

...July 28, 1987. *632 Arnaldo Valdes, in pro. per. Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee. Before HENDRY, NESBITT, and FERGUSON, JJ. PER CURIAM. We affirm Valdes's conviction for criminal mischief pursuant to section 806.13, Florida Statutes (1985), because proof of the value of the property damage is not, as Valdes contends, an essential element of the crime. Consequently in order to sustain a conviction the state needed only to prove that Valdes willfully or maliciously damaged another's property. § 806.13(1)(a), Fla....

...While damage to property is an essential element of the crime of criminal mischief, N.R. v. State, 452 So.2d 1052 (Fla. 3d DCA 1984), once it is established that the defendant damaged another's property, the value of the property damage is relevant only to the severity of the crime. See § 806.13(1)(b), Fla....

..., Valdes's conviction is affirmed. We reverse Valdes's concurrent sentence of three years' imprisonment for criminal mischief. The offense of criminal mischief is punishable as a second degree misdemeanor if the property damage does not exceed $200, § 806.13(1)(b)(1), Fla....

...Appellant was charged with one count of criminal mischief, one count of shooting at, within, or into a building, and two counts of attempted murder of a law enforcement officer. Appellant was found guilty by a jury of only one count of criminal mischief, pursuant to section 806.13(1)(b)3., Florida Statutes (1993)....

...1st DCA 1995). Next, appellant contends that his conviction for criminal mischief was improperly scored as a level two offense. According to the information and guideline scoresheet, appellant was charged with and found guilty of criminal mischief pursuant to section 806.13(1)(b)3., Florida Statutes (1993). However, section 806.13(1)(b)3. is not listed in section 921.0012, Florida Statutes (Supp. 1994), which ranks the severity levels of crimes. See § 921.0012, Fla. Stat. (Supp. 1994). Instead, section 921.0012 erroneously lists section 806.13(1)(a)3., as a level two severity ranking even though subsection (a)3. does not exist. See § 921.0012, Fla. Stat. (Supp.1994). Section 921.0012, Florida Statutes (1995), was later amended to correct this typographical error. Since the crime with which appellant was charged, section 806.13(1)(b)3., is not specifically *606 listed in 921.0012, the severity level for this crime should have been assigned pursuant to section 921.0013, Florida Statutes (1993)....

...We find that the trial court erred in permitting the state's peremptory challenge of a prospective juror and, accordingly, reverse and remand for a new trial. The appellant was charged with criminal mischief of more than $1000 damage to a motor vehicle, in violation of section 806.13(1)(b)3, Florida Statutes (1991)....

...The trial court found that the state had given neutral reasons for exercising a peremptory challenge as to Ms. Council. The jury subsequently found the appellant guilty of the lesser included offense of criminal mischief, with damage greater than $200 but less than $1000, in violation of section 806.13(1)(b)2, Florida Statutes (1991)....

...y. Pursuant to Article V, section 3(b)(4) of the Florida Constitution, we certify conflict with Williamson. Criminal Mischief The offense of criminal mischief is established by the proof of willful or malicious damage to the property of another. See § 806.13(1)(a), Fla. Stat. (1997). If the damage to the property is $1,000 or greater, the offense is a third degree felony, see section 806.13(1)(b)3, Florida Statutes (1997)....

...Gen., Daytona Beach, for respondent. PER CURIAM. This cause is before us on a certified question of great public importance. State v. Reed, 448 So.2d 1102 (Fla. 5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Petitioner was charged with criminal mischief under section 806.13(2)(a), Florida *1383 Statutes (1981), [1] specifying that petitioner had willfully and maliciously broken a glass door panel of a St....

...itled to a jury trial while one accused of the serious and life-threatening offense of operating a motor vehicle with an unlawful blood alcohol level is not. NOTES [1] The alleged offense occurred on March 29, 1983. The charge should have been under section 806.13(1)(b)(1), Florida Statutes (Supp....

...and The right of trial by jury shall be secure to all and remain inviolate. [5] It is not necessary to recount every step in the evolution. The key steps are seen in Laws of Florida (1868), subchapter 4, sections 61-8, 70, 71, 79 and subchapter 8, section 28; section 822.18 Florida Statutes (1973); and section 806.13, Florida Statutes (Supp....

...QUINCE, Judge. E.Y., a juvenile, challenges his adjudication and commitment for criminal mischief. Although we find no merit in his argument regarding his adjudication, we remand for resentencing. Appellant was found guilty of criminal mischief, in violation of section 806.13, Florida Statutes (1993)....

...Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant. No appearance for Appellee. *2 DAVIS, Judge. N.P., a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003)....

...Middle School. The trial court withheld adjudication and imposed a number of unchallenged sanctions as part of the disposition. The State argues that the trial court erred in failing to impose two additional mandatory provisions pursuant to sections 806.13(6) and .13(7). We affirm in part, reverse in part, and remand. The first of these two allegedly mandatory provisions is contained in section 806.13(6)(a), which provides for the imposition of a fine. The second is contained in section 806.13(7), which provides for the revocation, withholding, or extension of an existing suspension or revocation of the minor's driver's license. In the instant case, we conclude that the fine is not mandatory but that the driver's license provisions are. Section 806.13(6)(a) provides as follows: Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of: 1....

...As such, she could not be subject to the imposition of a fine for violating the statute, and the trial court's failure to impose such a fine was not error. By contrast, however, the trial court did err in failing to impose the driver's license sanctions contained in section 806.13(7), which are required when a minor is found to have committed a delinquent act under section 806.13 by placing graffiti on any public or private property....

...was found to have committed a delinquent act, as evidenced by the trial court's entry of a withhold of adjudication. See State v. Menuto, 912 So.2d 603 (Fla. 2d DCA 2005). Given the fact that N.P. was found to have committed a delinquent act, and given the mandatory language of section 806.13(7), the trial court was required to revoke, withhold, or extend the suspension or revocation of N.P.'s driver's license....

...[1] In conclusion, we determine that the trial court correctly refused to impose a fine in the instant case because N.P. could not be considered to have been convicted under the statute. However, given the mandatory language contained in section *3 806.13(7), in addition to that section's clear application to juveniles, we conclude that the trial court erred in refusing to either revoke, withhold, or extend the revocation or suspension of N.P.'s driver's license after it withheld adjudication. Affirmed in part, reversed in part, and remanded. NORTHCUTT and VILLANTI, JJ., Concur. NOTES [1] We note that section 806.13(6) appears to contain an internal conflict. While the sanction of a fine pursuant to section 806.13(6)(a) may not be applied to minors because the violator must be "convicted," section 806.13(6)(c) expressly applies to minors and provides that if a minor "commits a delinquent act prohibited by paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine."

...We affirm the disposition as to trespass but reverse as to criminal mischief because the circumstantial evidence against R.R.W. was legally insufficient to sustain the charge. In an amended petition for delinquency, the State charged R.R.W. with a violation of section 806.13, Florida Statutes (2003), for causing damage greater than $200 to a vehicle belonging to A.C.E....

...To commit the crime of criminal mischief a person must willfully and maliciously damage, by any means, the personal property of another. When the amount of damage exceeds $200 but is less than $1000, the crime is classified as a first-degree misdemeanor. § 806.13(1)(a), (b)....

...She stated that when she identified it the next day, it was totaled. The battery had fallen out, the odometer was broken, the ignition was damaged, the wires "were hanging," and it could not be driven. The appellant was charged with and convicted of criminal mischief in violation of section 806.13(1)(a), Florida Statutes (2004), which provides that: A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another.......

...90-2148 pursuant to section 810.02, Florida Statutes (1989). The trial court sentenced him to twelve years in prison, with credit for time served, followed by three years of probation. He received a one-year concurrent prison sentence in Case No. 90-2605 for the crime of criminal mischief pursuant to section 806.13(1)(b)2., Florida Statutes (1989)....

...Monroe County, 394 F.3d 1328, 1332 (11th Cir.2004). Therefore, in order to determine whether either actual probable cause or "arguable probable cause" existed to arrest the plaintiff, I first examine the crime of criminal mischief under Florida law. [12] The criminal mischief statute, section 806.13(1)(a), Florida Statutes (1989), provides: A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto....

...However, the specific value of the property damage is relevant only to the severity of the crime. Valdes, 510 So.2d at 632. According to section 901.15(9)(b), Florida Statutes, a police officer can make an arrest without a warrant for a violation of section 806.13 if probable cause is present....

...Specifically, section 901.15(9)(b) states in relevant part that an arrest without a warrant is permitted if: "There is probable cause to believe that the person has committed . . . (b) An act of criminal mischief or a graffiti-related offense as described in s. 806.13." In his briefs and at oral argument, Plaintiff placed significant emphasis on the fact that Officer Perez did not witness the events giving rise to the criminal mischief charge and therefore could not arrest Plaintiff for criminal mischief....

...Q: So, if Officer Giambalvo, the blond hair officer, says that he found a white bottle with marijuana on the bus, you don't take any issue with that, right. A: No. Q: You just say it wasn't yours? A: Yes. (Depo. of Mark Whittington, 89). [9] In relevant part, Fla. Stat. 806.13 provides: (1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto....

...After reviewing Florida law on statutory interpretations, I conclude that there is no reason to divert from a plain reading of section 901.15(9)(b) which does not require the officer to personally witness the offense of criminal mischief. [14] As discussed above, this conclusion is also compelled by the fact that Fla. Stat. § 806.13 is one of the enumerated exceptions for which an arrest without a warrant may be made even if the officer did not witness the crime, or any elements thereof....

...minal mischief to attempted criminal mischief because the State failed to prove that the rocks hurled at a school building by appellant caused any damage. Damage *1053 to property is specifically made an element of the criminal mischief statute. See Section 806.13, Florida Statutes (1983)....

...r, second degree arson, and filing a false and fraudulent insurance claim. Pursuant to agreement of the defense counsel and the prosecutor, the judge inadvertently but erroneously instructed the jury that criminal mischief, committed in violation of section 806.13(1)(b), Florida Statutes, is a lesser included offense of second degree arson. The second degree arson charged in this case, in violation of section 806.01(2), involved appellant's destruction of his own property whereas, pursuant to section 806.13(1)(a): A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another....

...roken the windows of the laundry room with his head. Although that conduct was consistent with an intention to enter the laundry room and commit an offense inside, it was equally consistent with a simple act of vandalism, which is a misdemeanor. See § 806.13(1)(b), Fla....

...(1991) ("the court shall order the defendant to make restitution to the victim for ... [d]amage or loss caused directly or indirectly by the defendant's offense ...") Therefore, we affirm Gliszczynski's conviction and sentence. AFFIRMED. DAUKSCH and PETERSON, JJ., concur. NOTES [1] § 806.13, Fla. Stat. (1991). [2] § 806.13(1), Fla....

...with our holding here, we certify this case as being in direct conflict with that case. [2] The juvenile's remaining argument on appeal is without merit. Accordingly, we affirm the final order. AFFIRMED. CAMPBELL and SCHOONOVER, JJ., concur. NOTES [1] The criminal mischief statute, section 806.13, Florida Statutes (1983), provides in pertinent part: (1)(a) A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another....

...is a second-degree misdemeanor. Section 810.08(2)(a), Fla. Stat. (1989). [3] "A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another... ." Section 806.13(1)(a), Fla. Stat. (1989). Depending upon the amount of damage, criminal mischief is punishable as a misdemeanor of the first or second degree, or as a third-degree felony. Section 806.13(1)(b)(1)-(3), Fla....

...Pursuant to agreement of the prosecutor and defense counsel, the trial court erroneously instructed the jury that criminal mischief was a lesser included offense. The arson charge alleged that Roberts destroyed his own property whereas, pursuant to section 806.13(1)(a), Florida Statutes, criminal mischief is defined as damage to property of another....

...ition for delinquency was filed alleging that appellant "did willfully and maliciously injure or damage the real or personal property of another, to-wit: door, the property of [his father], by prying open said door, ... contrary to the provisions of Section 806.13, Florida Statutes." A second count charged that appellant committed trespass....

...Observing that it would have been more prudent for appellant to call his father and ask for the key, the trial court found appellant committed the offense of criminal mischief. The subsequently entered order contained the finding that appellant "committed a delinquent act by violating Florida Statutes, Section(s) 806.13 *1325 and 810.08 which constitutes the offense of Criminal Mischief (60) days and Trespass (60 days), as evidenced by testimony and evidence adduced at the Adjudicatory Hearing on March 14, 1990." The criminal mischief statute, section 806.13(1)(a), Florida Statutes (1989), provides: A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto....

...5th DCA 1984). Cf. Carney v. State, 458 So.2d 13 (Fla. 1st DCA 1984). Therefore, I think that a departure four cells beyond the presumptive sentence to the maximum possible sentence allowed by law, was excessive, and I would remand for resentencing. NOTES [1] § 806.13, Fla....

...The appellant was charged with arson and burglary and was convicted of the burglary and of felony criminal mischief as a lesser included offense to the arson. Misdemeanor mischief is a category one lesser included offense, and felony mischief is a category two lesser included offense, to the charged offense of arson. Section 806.13, Florida Statutes, provides that criminal mischief is a felony where the damage caused by the mischief exceeds $1,000....

...Public Defender, Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., and Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee. ERVIN, Judge. Appellant, R.A.P., a child, appeals from an order finding that he committed delinquent acts by violating Sections 784.021 and 806.13(1)(b)3, Florida Statutes (1989), which constitute the third degree felony offenses of aggravated assault and criminal mischief, and committing him to the custody of the Department of Health and Rehabilitative Services....

...riminal mischief. We agree that the evidence does not support the adjudication and therefore reverse and remand for entry of an order finding appellant delinquent for having committed the lesser offense of first degree misdemeanor criminal mischief. Section 806.13, Florida Statutes (1989), defines criminal mischief as follows: (1)(a) A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another...

...llant's adjudication for third degree felony criminal mischief, which requires a showing of $1,000 or more worth of damage, [1] must be reversed. The evidence does, however, support an adjudication for first degree misdemeanor criminal mischief. See § 806.13(1)(b)2, Fla....

...delinquency adjudication based upon first degree misdemeanor criminal mischief. Appellant's commitment therefor shall be limited in accordance with Sections 39.11(4) and 775.082(4)(a), Florida Statutes (1989). ALLEN and WOLF, JJ., concur. NOTES [1] § 806.13(1)(b)3, Fla....

...Locus v. State, 785 So.2d 594 (Fla. 1st DCA 2001). Both the state and the public defender agree on this point. AFFIRMED in part; Conditions (10) and (12) STRICKEN; Order Setting Restitution Amount QUASHED; REMANDED. COBB and PLEUS, JJ., concur. NOTES [1] § 806.13(1)(a) and (b), Fla....

...Brlecic appeals from his convictions and sentences for criminal mischief, first degree burglary, and aggravated assault. The state filed two separate informations against appellant. In case # 83-761, appellant was charged with criminal mischief, a violation of section 806.13, Florida Statutes (1981)....

...We affirm the criminal mischief adjudication without discussion. We reverse the trespass adjudication because the delinquency petition failed to allege all the essential elements of this offense. The state filed a delinquency petition charging L.F. with one count of criminal mischief, in violation of section 806.13(1)(b)3, Florida Statutes (1993), one count of obstructing or opposing an officer without violence, in violation of section 843.02, Florida Statutes (1993), and one count of grand theft of a motor vehicle, in violation of section 812.014(2)(c)4, Florida Statutes (1993)....

...Count II [S]aid child [appellant] ... wilfully and maliciously did injure and damage property, to-wit: a vehicle belonging to another ..., said damage to said property being greater than two hundred dollars but less than one thousand dollars, in violation of section 806.13, Florida Statutes......

...A necessarily lesser included offense is one whose constituent elements are included within the elements of the greater offense. Gaylord v. State, 413 So.2d 72 (Fla. 2d DCA 1982). A comparison of the elements of battery, section 784.03, Florida Statutes (1985), and criminal mischief, section 806.13, Florida Statutes (1985), with those of disorderly conduct, section 877.03, Florida Statutes (1985), indicates that each crime contains separate and distinct elements which the other does not possess....

...o accept the pleas to the charge of trespass. Once it elected to do so, however, it removed from the trial court's hands the legal foundation for compelling restitution. [2] Accordingly, we reverse and remand. DOWNEY and DELL, JJ., concur. NOTES [1] Section 806.13(1), Florida Statutes (1981), Criminal Mischief, provides: A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another....

...The state points out that even though the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed on probation for six months for a second degree misdemeanor. The criminal mischief offense involved in this case is a second degree misdemeanor. § 806.13(1)(b), Fla....

...E, Judge. A.D., a juvenile, appeals his adjudication and the disposition of probation for burglary of a conveyance, grand theft of a motor vehicle, petit theft, criminal mischief, and trespass. See §§ 810.02(4)(b), 812.014(2)(c)(6), 812.014(3)(a), 806.13, 810.09(2)(a), Fla....

...with criminal mischief for the damage to the Delaras’ van, ATV, gate, and mailbox. A.D. claims that the court cannot adjudicate him delinquent for criminal mischief without specific intent because he did not commit the crimes that caused the damage. A person commits criminal mischief under section 806.13(l)(a), in relevant part, if he “willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.” A.D....

...delinquent for committing felony criminal mischief and remand to the trial court with directions to amend the adjudication of delinquency to reflect the fact that it is based on a finding that A.D. committed the delinquent act of misdemeanor criminal mischief, not felony criminal mischief. Pursuant to section 806.13(1)(b)(2), Florida Statutes (2002), if the damage resulting from criminal mischief is greater than $200 but less than $1000, the offense is a first-degree misdemeanor. However, if the damage exceeds $1000, it is a third-degree felony. § 806.13(1)(b)(3)....

...In the instant case, the affidavit charged Render with committing criminal mischief which is defined as willful and malicious injury or damage, by any means, to someone else's real or personal *655 property, including placement of graffiti thereon or other acts of vandalism therein. See § 806.13(1)(a), Fla.Stat....

...lar purpose is equally, if not more likely, i.e., deterring drug sales near places where the public, especially families and young people, have a tendency to gather. Cf. Todd v. State, 643 So.2d 625 (Fla. 1st DCA 1994) (holding that Florida Statutes section 806.13, proscribing damage to the property of others and increasing the degree of the offense if the damage was to "any church, synagogue, mosque, or other place of worship," did not violate the Establishment Clause), review denied, 651 So.2d 1197 (Fla.), cert....

...The State later conceded the lack of value or cost of proof in a post-verdict motion. In prosecutions for criminal mischief in excess of $1000—a felony of the third degree—an essential element of the crime is the amount of damage in value or cost to the property damaged. § 806.13(1)(a), (b)3, Fla....

(2013), and criminal mischief ($200 or less), see § 806.13(1)(b)(1), Fla. Stat. (2013). We affirm in all

...Freudenberger with committing three offenses against the Apostles Lutheran Church located in Brandon: arson in the second degree, section 806.01(2), a second-degree felony (count one); criminal mischief to a place of worship resulting in damage greater than $200, section 806.13(2), a third-degree felony (count two); and burglary of a structure, section 810.02(4)(a), a third-degree felony (count three)....

...Here, Stanley made only one hole; therefore, this court cannot make the inference that Stanley intruded into the airspace of Jeffcoat. Thus, there was insufficient evidence that there had been a burglary. We, therefore, reverse the conviction for burglary. The state also charged Stanley with criminal mischief in violation of section 806.13(1)(b)3, Florida Statutes (1991)....

...struction of the window. The court reserved jurisdiction to enter a restitution order for both counts. Criminal mischief is a second-degree misdemeanor when, as in this case, the amount of damage resulting from the criminal mischief is $200 or less. § 806.13(1)(b)(1), Fla....

...lation of an injunction against repeat violation, in violation of Fla. Stat. §§ 784.046 and 784.047; (2) resisting arrest without violence and obstruction, in violation of Fla. Stat. § 843.02; and (3) criminal mischief, in violation of Fla. Stat. § 806.13(3)....

...to discharge the defendant of the felony aggravated battery charge in the circuit court, based on the same conduct or factual episode. In State v. Johnson , an information was filed in county court charging two misdemeanors (criminal mischief under section 806.13, Florida Statutes and culpable negligence under section 784.05, Florida Statutes) and thereafter an information was filed in the circuit court charging the defendant with shooting into an occupied dwelling, a felony under section 790.1...

...e included in an information subsequently filed in the circuit court. However, Johnson does not relate to the essential issue in this case because in Johnson the two misdemeanor charges to which the speedy trial discharge related (criminal mischief (§ 806.13) and culpable negligence (§ 784.05)) were not necessarily lesser included offenses of the felony charged in the information in the circuit court in Johnson....

...The standard of review for a motion for judgment of dismissal is de novo. J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005). A motion for judgment of dismissal tests the legal sufficiency of the state’s evidence. J.P. v. State, 855 So.2d 1262, 1264 (Fla. 4th DCA 2003). Section 806.13(1), Florida Statutes (2007), provides: (l)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism....

...The lost sales or profits of $1200 are not included in the costs to restore the business’s operation. We, therefore, reverse appellant’s conviction for felony criminal mischief and remand for adjudication of delinquency on criminal mischief, a misdemeanor of the first degree, pursuant to section 806.13(l)(b)2., Florida Statutes (2007)....

...nstrating the essential element of value. 1 Therefore, we reverse the lower court’s decision and remand to reduce A.S.’s “conviction of felony criminal mischief to the lesser offense of second-degree misdemeanor criminal mischief as defined in section 806.13(l)(b), Florida Statutes (2006)” in accordance with Marrero v....

...Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant *137 Attorney General, Tampa, for Appellee. CASANUEVA, Judge. After a trial, the circuit court withheld adjudication but placed S.P. on juvenile probation for the offense of felony criminal mischief, a violation of section 806.13(1)(b)(3), Florida Statutes (2002)....

...chief, it is relevant to the severity of the crime. See Valdes v. State, 510 So.2d 631, 632 (Fla. 3d DCA 1987). To support a conviction or juvenile disposition for felony criminal mischief, the State must prove that the damage is "$1000 or greater." § 806.13(1)(b)(3)....

...criminal mischief adjudication. Id. The State did, however, present other evidence supporting adjudication for the lesser offense of first-degree misdemeanor criminal mischief, which requires proof of damage "greater than $200 but less than $1000." § 806.13(1)(b)(2)....

...companied the young girls living at a residence hall to a July 4th outing. R.C.R. is simply inapposite to this case. Affirmed. STONE and MAY, JJ., concur. NOTES [1] "If the damage is $1,000 or greater . . . it is a felony of the third degree. . . ." § 806.13(1)(b), Fla....

...We reverse the adjudication of delinquency in this case and remand for appellant's discharge. The state has conceded error. Appellant, a ten year old boy, was found guilty of criminal mischief by starting a fire which damaged the property of another in violation of section 806.13, Florida Statutes (1995)....

...see § 39.03(3), Florida Statutes), such lack of notification does not prohibit the on-site interrogation in the circumstances of this case. See Doerr v. State, 383 So.2d 905 (Fla.1980). Appellant was found to have committed a misdemeanor, violating § 806.13, Florida Statutes, and the action taken by the trial judge was within her power pursuant to Chapter 39, Florida Statutes....

...A petition charged that on or about October 11, 2002, 12-year-old J.S.R., a/k/a J.C.M. (Appellant), "did unlawfully, willfully and maliciously, injure or damage, or place graffiti thereon or commit an act of vandalism" upon a windshield belonging to Niki Bridges, in violation of section 806.13(1)(b) 2, Florida Statutes (2002)....

...While the monetary value of damage caused by an act of criminal mischief is not an element of the offense, it affects the severity of the crime. A conviction or adjudication of felony criminal mischief must be supported by proof that the defendant caused at least $1000 worth of damage. § 806.13(1)(b)(3), Fla....

...The victim testified that five of her car windows, including the windshield and the back window, were smashed. That testimony was sufficient for the trial court to infer that the damage exceeded $200, the threshold for an adjudication of first-degree misdemeanor criminal mischief. § 806.13(1)(b)(2), Fla....

...As discussed above, a delinquent act is by definition a "violation of any law." § 985.03(58). Therefore, by imposing surcharges for a "violation" in sections 938.08 and 938.085, the legislature specifically included juvenile offenses. Cf. State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005) (finding that the fine in section 806.13(6)(a) did not apply to juveniles because the language of the statute applied to individuals who have been " convicted " and "juveniles are not deemed to be `convicted' by adjudications of delinquency") (emphasis added)....

...sk was more than sufficient to sustain the conclusion that the juvenile intended to commit theft within the structure. On this basis, the juvenile court in the present case properly found D.B. guilty of burglary. D.B. was also charged with violating Section 806.13(1)(a), Florida Statutes (Supp....

...3 On November 1, 2010, after a non-jury trial, S.L. was adjudicated guilty of knowingly disrupting or interfering with the administration or functions of an educational institution under section 877.13(l)(a), and resisting arrest without violence in violation of section 806.13(l)(b)....

...hat the child acted “with the intention that his behavior impede the successful functioning” of the school or that he acted “with reckless disregard of the effect of his behavior”). Count II, resisting an officer without violence pursuant to section 806.13(l)(b), is another matter....

...6), Fla. Stat. (2008); State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005); D.A. v. State, 11 So.3d 423, 423 (Fla. 4th DCA 2009). Thus, the mandatory sentencing provision of section 316.1935(5) does not apply. Compare N.P., 913 So.2d at 2 (holding that section 806.13(6)(a), Florida Statutes (2003), does not apply to juveniles because it provides for the imposition of a fíne “only on those individuals who have been ‘convicted’ ” and “juveniles are not deemed to be ‘convicted’”); with State v....

The latter category applies here. Pursuant to section 806.13(1)(a) of the Florida Statutes, a person commits

count of criminal mischief in violation of section 806.13(1)(b)(1), Florida Statutes (2014), and one

...teenagers on probation for an indefinite period, not to exceed their nineteenth birthdays. Both teenagers appeal these rulings. We note that it is likely the State could have charged one or both teenagers with criminal mischief, but it did not. See § 806.13, Fla....

...Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Don Earle Morgan appeals his judgments and sentences for criminal mischief and burglary of a dwelling. See §§ 806.13(1)(a), (b)(2), 810.02(1)(b), (3), Fla. Stat....

...2d DCA 2006) (explaining the elements for criminal mischief and that "[t]o be guilty of this crime[,] the defendant must specifically intend to damage or destroy the property of another"). It requires proof that property is destroyed "willfully and maliciously." § 806.13(1)(a)....

...the construction I propose. Because this case involves a jail and jail-issued clothing it is a good case in which to make bad law. Appellant obviously, willfully and maliciously, damaged personal property belonging to the county, a misdemeanor under section 806.13(1), Florida Statutes (1979)....

...The standard of review for a motion for judgment of dismissal is de novo. J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005). A motion for judgment of dismissal tests the legal sufficiency of the state's evidence. J.P. v. State, 855 So.2d 1262, 1264 (Fla. 4th DCA 2003). Section 806.13(1), Florida Statutes (2007), provides: (1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism....

...The lost sales or profits of $1200 are not included in the costs to restore the business's operation. We, therefore, reverse appellant's conviction for felony criminal mischief and remand for adjudication of delinquency on criminal mischief, a misdemeanor of the first degree, pursuant to section 806.13(1)(b)2., Florida Statutes (2007)....

...at was a condition of his plea. Thus, the trial court placed the burden on his mother to obtain this money to protect her adult child. Nothing in this record suggests that the defendant's mother did anything that would cause her to owe $2847.17. Cf. § 806.13(6)(c), Fla....

...in violation of section 784.03, Florida Statutes_ Count II [S]aid child [appellant] ... wilfully and maliciously did injure and damage property, to-wit: a vehicle belonging to another ..., said damage to said property being greater than two hundred dollars but less than one thousand dollars, in violation of section 806.13, Florida Statutes .......

...A necessarily lesser included offense is one whose constituent elements are included within the elements of the greater offense. Gaylord v. State, 413 So.2d 72 (Fla. 2d DCA 1982). A comparison of the elements of battery, section 784.-03, Florida Statutes (1985), and criminal mischief, section 806.13, Florida Statutes (1985), with those of disorderly conduct, section 877.03, Florida Statutes (1985), indicates that each crime contains separate and distinct elements which the other does not possess....

...Both women testified *497 they stayed in the bedroom while Sanders confronted law enforcement outside the residence. The State argues that the offense intended by him during the break-in was criminal mischief. [2] One commits a criminal mischief by willfully and maliciously damaging the property of another in any way. § 806.13(1)(a), Fla....

ERVIN, Judge. Appellant, R.A.P., a child, appeals from an order finding that he committed delinquent acts by violating Sections 784.021 and 806.13(l)(b)3, Florida Statutes (1989), which constitute the third degree felony offenses of aggravated assault and criminal mischief, and committing him to the custody of the Department of Health and Rehabilitative Services....

...riminal mischief. We agree that the evidence does not support the adjudication and therefore reverse and remand for entry of an order finding appellant delinquent for having committed the lesser offense of first degree misdemeanor criminal mischief. Section 806.13, Florida Statutes (1989), defines criminal mischief as follows: (l)(a) A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another...

...llant’s adjudication for third degree felony criminal mischief, which requires a showing of $1,000 or more worth of damage, 1 must be reversed. The evidence does, however, support an adjudication for first degree misdemeanor criminal mischief. See § 806.13(l)(b)2, Fla.Stat....

...nter a delinquency adjudication based upon first degree misdemeanor criminal mischief. Appellant’s commitment therefor shall be limited in accordance with Sections 39.11(4) and 775.082(4)(a), Florida Statutes (1989). ALLEN and WOLF, JJ., concur. . § 806.13(l)(b)3, Fla.Stat....

PALMER, J; - B.J.M. (the defendant) appeals his adjudication and disposition orders, entered by thé trial court after he was found guilty of committing criminal mischief, in violation of section 806.13(l)(b)2, Florida....

...State, 71 So.3d 881, 887 (Fla.2011). For first-degree misdemeanor criminal mischief, the amount of damage is an element of the offense; therefore, the State had the burden of proving that the defendant’s criminal mischief resulted in damages greater than $200. § 806.13(1)(b)2....

...substantial evidence on each element of the crime . . . failing which the accused is entitled to a judgment of acquittal . . . .”) (citations omitted). III. ANALYSIS Walker was charged with and convicted of criminal mischief, in violation of section 806.13(1)(b)2, Florida Statutes (2012), which provides as follows: (1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any me...

SHEPHERD, J. C.H. appeals a trial court order adjudicating him delinquent on a charge of felony criminal mischief in violation of section 806.13(l)(b)3, Florida Statutes (2013). Because the record evidence does not satisfy the $1,000 threshold for felony criminal *448 mischief, we vacate this adjudication, but remand for entry of an adjudication for first-degree misdemeanor criminal mischief pursuant to section 806.13(l)(b)2, Florida Statutes (2013)....

...State, 42 So.3d 944, 945 (Fla. 4th DCA 2010) (stating that “In prosecutions for criminal mischief in excess of $1000 — a felony of the third degree — an essential element of the crime is the amount of damage in value or cost to the property damaged.” (citing § 806.13(l)(a),(b)3, Fla....

...2003) (stating that fundamental error occurs “when the evidence is insufficient to show that a crime was committed at all”). Criminal mischief occurs when one “willfully and maliciously injures or damages by any means any real or personal property belonging to another[.]” § 806.13(l)(a), Fla....

...She stated that when she identified it the next day, it was totaled. The battery had fallen out, the odometer was broken, the ignition was damaged, the wires “were hanging,” and it could not be driven. The appellant was charged with and convicted of criminal mischief in violation of section 806.13(l)(a), Florida Statutes (2004), which provides that: A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another.......

...State, 446 So.2d 268 (Fla. 2d DCA 1984). Turning next to the criminal mischief judgment, it is a necessary element of the crime of criminal mischief, that the defendant willfully and maliciously injures or damage real or personal property belonging to another. § 806.13(1)(a), Fla....

...On remand, the trial court shall enter a judgment and sentence for second-degree misdemeanor criminal mischief. The statute proscribing criminal mischief delineates the degree of crime based on the amount of property damage the defendant causes. See § 806.13(1)(b), Fla. Stat. (2011). If the damage is $200 or less, the crime is a second-degree misdemeanor. § 806.13(1)(b)(1). If the damage is greater than $200 but less than $1000, the crime is a first-degree misdemeanor. § 806.13(1)(b)(2). And, if the damage is $1000 or greater, the crime is a third-degree felony. § 806.13(1)(b)(3). Perez was convicted of first-degree misdemeanor criminal mischief for causing greater than $200 but less than $1000 in damage. See § 806.13(1)(b)(2)....

...The court looked at photos of the tables admitted into evidence and estimated that the tables, which were "a little nicer" than other end tables, were worth at least $100 each. In establishing the amount of damage to destroyed property under section 806.13(1)(b), the State must prove the property's market value beyond a reasonable doubt....

...for first-degree misdemeanor criminal mischief. Because second-degree misdemeanor criminal mischief does not require proof of any particular amount of property damage, we remand for entry of a judgment and sentence for that crime as set forth in section 806.13(1)(b)(1)....

...We affirm the disposition as to trespass but reverse as to criminal mischief because the circumstantial evidence against R.R.W. was legally insufficient to sustain the charge. In an amended petition for delinquency, the State charged R.R.W. with a violation of section 806.13, Florida Statutes (2003), for causing damage greater than $200 to a vehicle belonging to A.C.E....

...To commit the crime of criminal mischief a person must willfully and maliciously damage, by any means, the personal property of another. When the amount of damage exceeds $200 but is less than $1000, the crime is classified as a first-degree misdemeanor. § 806.13(l)(a), (b)....

...6), Fla. Stat. (2008); State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005); D.A. v. State, 11 So.3d 423, 423 (Fla. 4th DCA 2009). Thus, the mandatory sentencing provision of section 316.1935(5) does not apply. Compare N.P., 913 So.2d at 2 (holding that section 806.13(6)(a), Florida Statutes (2003), does not apply to juveniles because it provides for the imposition of a fine "only on those individuals who have been `convicted'" and "juveniles are not deemed to be `convicted'"); with State v....

...with our holding here, we certify this case as being in direct conflict with that case. 2 The juvenile’s remaining argument on appeal is without merit. Accordingly, we affirm the final order. AFFIRMED. CAMPBELL and SCHOONOVER, JJ., concur. . The criminal mischief statute, section 806.13, Florida Statutes (1983), provides in pertinent part: (l)(a) A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another....

...rial judge. Accordingly, we remand this cause to reflect the finding that T.M. committed misdemeanor rather than felony criminal mischief and otherwise affirm. AFFIRMED; REMANDED. W. SHARP, HARRIS and THOMPSON, JJ., concur. . § 810.02, Fla. Stat. . § 806.13, Fla....

...3d at 408. As this Court noted in Higgins, the Florida Rules of Criminal Procedure require some evidence of a 3. This does not foreclose the availability of criminal mischief as a permissive lesser included offense of first-degree arson. See § 806.13, Fla....

...SMITH, C.J., and JOANOS, J., concur. . Other crimes also make distinctions in the elements to be proved and the potential penalty, based on the value of the property involved. See § 509.151, Florida Statutes (obtaining food or lodging through fraud) and § 806.13, Florida Statutes (criminal mischief)....

guilty of criminal mischief, in violation of section 806.13(1)(b)(1), Florida Statutes (2015), and resisting

...Bernstein, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Katie Salemi Ashby, Assistant Attorney General, Tampa, for Appellee. ATKINSON, Judge. After an adjudicatory hearing, I.K. was found guilty of criminal mischief, in violation of section 806.13(1)(b)(1), Florida Statutes (2015), and resisting an officer without violence, in violation of section 843.02, Florida Statutes (2015)....

...Stat. 7  USCA11 Case: 17-11264 Date Filed: 10/13/2020 Page: 8 of 26 §§ 784.021, 784.07, 775.0823; (7) grand theft vehicle, in violation of Fla. Stat. § 812.014(2)(c); and (8) criminal mischief, in violation of Fla. Stat. § 806.13(1). The jury returned general guilty verdicts on all counts....

...Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Don Earle Morgan appeals his convictions and sentences for one count of criminal mischief in violation of section 806.13(1)(b)(1), Florida Statutes (2014), and one count of burglary of a dwelling in violation of section 810.02(3)(a)....

...Based on the evidence and the trial court’s oral pronouncement, we agree that the disposition order must be corrected to reflect that B.R.W. was found guilty of a second-degree misdemeanor for criminal mischief. See Murph v. State, 666 So.2d 197, 198 (Fla. 2d DCA 1995); A.R. v. State, 504 So.2d 66 (Fla. 2d DCA 1987); § 806.13(1)(b)(1), Fla....

...ion for delinquency was filed alleging that appellant “did willfully and maliciously injure or damage the real or personal property of another, to-wit: door, the property of [his father], by prying open said door, ... contrary to the provisions of Section 806.13, Florida Statutes.” A second count charged that appellant committed trespass....

...Observing that it would have been more prudent for appellant to call his father and ask for the key, the trial court found appellant committed the offense of criminal mischief. The subsequently entered order contained the finding that appellant “committed a delinquent act by violating Florida Statutes, Section(s) 806.13 *1325 and 810.08 which constitutes the offense of Criminal Mischief (60) days and Trespass (60 days), as evidenced by testimony and evidence adduced at the Adjudicatory Hearing on March 14, 1990.” The criminal mischief statute, section 806.13(l)(a), Florida Statutes (1989), provides: A person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto....

...We agree only in part. It is settled under the Carawan rationale that the offenses of throwing a deadly missile into an occupied conveyance, § 790.19, Fla.Stat. (1987), which protects against the danger of death or great bodily harm, and criminal mischief, § 806.13, Fla....

...Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee. Before COPE, GERSTEN and SUAREZ, JJ. COPE, J. This is an appeal of a conviction for criminal mischief. The question is whether the evidence was legally sufficient to establish that the damage was $1000 or greater. See § 806.13(1)(b)3., Fla....

...For this crime, the amount of damage is measured by the cost of repair or cost of replacement. [1] , [2] If there is no competent evidence of value, then the conviction must be for the lowest level of offense, a misdemeanor of the second degree. See id. § 806.13(1)(b)1....

...As a general rule, it will be necessary for the State to present evidence of the cost of repair or replacement in a criminal mischief case, if the State wishes to convict the defendant of mischief exceeding either the $200 or $1000 threshold. See id. § 806.13(1)(b)2., 3....

...We agree with the trial court that based on common experience, the jury could reasonably conclude that the cost of repair or replacement easily exceeded $250 per door or $1000 in the aggregate. We therefore affirm the conviction and the restitution order. [3] Affirmed. NOTES [1] The statute provides, in part: 806.13 Criminal mischief; penalties; penalty for minor....

to specify that the damage was under $200. See § 806.13(l)(b)l., Fla. Stat. (2004). Affirmed in part,

...In addition, the disposition order is not consistent with Florida Rule of Juvenile Procedure Form 8.947. L.J.G.-C. damaged a statue at a church in December 2011. The State filed a petition for delinquency alleging that the juvenile had committed third-degree felony criminal mischief under section 806.13(2), Florida Statutes (2011)....

...At the adjudicatory hearing in this case, the State established that L.J.G.-C. had damaged the statue but it failed to prove that the damage to the property was “greater than $200,” as required to establish this third-degree felony delinquent act. See § 806.13(2)....

...on probation. The State concedes that the felony amount of damages was not established. As acknowledged by the State, this case must be remanded for a disposition that is based on a finding that the juvenile committed a delinquent act by violating section 806.13(l)(b)(l) as a result of his damage to property in the amount of “$200 or less,” which is a second-degree misdemeanor....

So. 2d 1284, 1285 (Fla. 4th DCA 1995); see also § 806.13(1)(a), Fla. Stat. (2018). “Willfully” means

...4 and there is nothing contained in the record, such as the lowest permissible sentence on the Criminal Punishment Code scoresheet showing six years, to explain why 1 Anders v. California, 386 U.S. 738 (1967). 2 See § 806.13(1)(b)3., Fla....

...a policy standpoint, the state contends that the arson statute includes mo *724 torcycles because they have fuel tanks subject to detonation and consequent public risk. Jones argues that the crime of igniting an unoccupied motorcycle is addressed by section 806.13, Florida Statutes (1985), the criminal mischief statute, which prohibits willful damage to personal property....

...mischief. Because Kohr was convicted of a crime not charged in her information, we reverse and remand. Kohr was charged by information with three felony counts and one count of second degree misdemeanor criminal mischief (count III) in violation of section 806.13(1)(b)(1), Florida Statutes (2005)....

...struction of the window. The court reserved jurisdiction to enter a restitution order for both counts. Criminal mischief is a second-degree misdemeanor when, as in this case, the amount of damage resulting from the criminal mischief is $200 or less. § 806.13(l)(b)(l), Fla....

concur. . § 784.021(l)(a), Fla.Stat. (1995). . § 806.13(l)(a) and (b)(3), Fla.Stat. (1995).

count of criminal mischief, in violation of section 806.13, Florida Statutes (2022), rendered following

...Appellant, Antonio Jones, appeals his conviction and sentence for felony criminal mischief which was based on a guilty plea. We affirm and write only to distinguish Huss v. State, 771 So.2d 591 (Fla. 1st DCA 2000). By way of background, Appellant was charged by information with misdemeanor criminal mischief under sections 806.13(1)(a) and (b), Florida Statutes (2006). The information went on to enhance the misdemeanor to a third degree felony under section 806.13(1)(b)4, Florida Statutes (2006), because Appellant was previously convicted of misdemeanor criminal mischief in 1993....

...Appellant entered a guilty plea and was sentenced as a habitual felony offender. Appellant relies on Huss v. State, 771 So.2d 591 (Fla. 1st DCA 2000), to contend that his 1993 conviction for misdemeanor criminal mischief is precluded from use as an enhancement under section 806.13(1)(b)4 because subsection (b)4 was not added to the statute until 1998....

...Subsection (b)4 provides only: "If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree. . . ." § 806.13(1)(b)4, Fla. Stat. (1999). Therefore, under section 806.13(1)(b)4, the instant post-amendment offense was permissively enhanced by the pre-amendment convictions....

...4th DCA 1998) (the Prison Release Re-Offender Act, which increases the penalty for an offense committed after the Act, based on a conviction occurring prior to the Act, is not an unconstitutional ex post facto law). Accordingly, Appellant was properly and unambiguously charged with a felony under section 806.13(1)(b)4....

...2011) ; B.J.M. v. State , 185 So.3d 692 , 693 (Fla. 5th DCA 2016). For first-degree misdemeanor criminal mischief, the State must prove that the defendant's criminal mischief resulted in damage to property greater than $200 but less than $1000. See § 806.13(1)(b)2., Fla....

...2011); B.J.M. v. State, 185 So. 3d 692, 693 (Fla. 5th DCA 2016). For first-degree misdemeanor criminal mischief, the State must prove that the defendant’s criminal mischief resulted in damage to property greater than $200 but less than $1000. See § 806.13(1)(b)2., Fla....

...or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 806.13(1), Fla....

...10 - misdemeanor criminal mischief and second-degree misdemeanor criminal mischief. See Perez v. State, 162 So. 3d 1139, 1140 (Fla. 2d DCA 2015). Here, the State charged Sanchez with first-degree misdemeanor criminal mischief under section 806.13(1)(b)(2); and it presented the testimony of the store manager in support of the amount of damage....

...We affirm the criminal mischief adjudication without discussion. We reverse the trespass adjudication because the delinquency petition failed to allege all the essential elements of this offense. The state filed a delinquency petition charging L.F. with one count of criminal mischief, in violation of section 806.13(l)(b)3, Florida Statutes (1993), one count of obstructing or opposing an officer without violence, in violation of section 843.02, Florida Statutes (1993), and one count of grand theft of a motor vehicle, in violation of section 812.014(2)(c)4, Florida Statutes (1993)....

...a misdemeanor. On the morning of the hearing, the state filed an amended petition, adding charges of burglary in violation of section 810.02(4)(B), Florida Statutes, a felony, and unlawful breaking or damaging of an automobile window in violation of section 806.13(l)(b)2, Florida Statutes, a misdemeanor....

...n a conviction.” Pagan v. State, 830 So.2d 792, 803 (Fla.2002). “A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another .... ” § 806.13(1)(a), Fla....

...sustain a conviction." Pagan v. State, 830 So.2d 792, 803 (Fla.2002). "A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another ...." § 806.13(1)(a), Fla....

of posted notice against entry). . See, e.g., § 806.13, Fla.Stat. (1981) (criminal mischief, the willful

...lant were an adult — that is, it charged that appellant had “willfully and maliciously injure[d] or damage[d] ... personal property belonging to another,” and that “the damage to such property [was] greater than $200 but less than $1,000.” § 806.13(l)(b)2, Fla.Stat....

...the dollar value of the damage for which appellant was responsible, he could only be found to have committed what would be the offense of second-degree misdemeanor criminal mischief — that is, criminal mischief involving damage of $200.00 or less. § 806.13(l)(b)l, Fla.Stat....

..., Judge. The state petitions for a writ of certiorari to review the order of a circuit court acting in its appellate capacity, which determined that respondent, Reed, was entitled to a jury trial in a county court on the charge of criminal mischief. Section 806.13, Florida Statutes (1983), provides that “a person commits the offense of criminal mischief if he willfully and maliciously injures or damages by any means any real or personal property belonging to another.” Reed was accused of bre...

crime of malicious mischief was abrogated by section 806.13(2)(a), Florida Statutes, which created the

...See § 901.15(9)(b) (providing that a “law enforcement officer may arrest a person without a warrant when: . . . [t]here is probable cause to believe that the person has committed. . . [a]n act of criminal mischief or a graffiti-related offense as described in section 806.13”). Although the officer testified that he arrested Hawxhurst based upon probable cause to believe Hawxhurst committed a violation of a domestic violence injunction,2 the very same facts upon which the officer relied (and upo...

...e. E.Y., a juvenile, challenges his adjudication and commitment for criminal mischief. Although we find no merit in his argument regarding his adjudication, we remand for resentencing. Appellant was found guilty of criminal mischief, in violation of section 806.13, Florida Statutes (1993)....

...the First District in Hebert v. State, 614 So.2d 493 (Fla.1993), but was omitted when we rephrased the certified question in that case. Id. at 494 . . First-degree misdemeanor criminal mischief involves damage greater than $200 but less than $1000. § 806.13(l)(b)2, Fla.Stat. (1993). . Second-degree misdemeanor criminal mischief involves damage of $200.00 or less. § 806.13(l)(b)l, Fla.Stat....

PER CURIAM. T.P. appeals from an order finding him in violation of section 806.13, Florida Statutes (1993)....

DAVIS, Judge. N.P., a juvenile, was found delinquent for having committed criminal mischief in violation of section 806.13, Florida Statutes (2003)....

...Middle School. The trial court withheld adjudication and imposed a number of unchallenged sanctions as part of the disposition. The State argues that the trial court erred in failing to impose two additional mandatory provisions pursuant to sections 806.13(6) and .13(7). We affirm in part, reverse in part, and remand. The first of these two allegedly mandatory provisions is contained in section 806.13(6)(a), which provides for the imposition of a fine. The second is contained in section 806.13(7), which provides for the revocation, withholding, or extension of an existing suspension or revocation of the minor’s driver’s license. In the instant case, we conclude that the fíne is not mandatory but that the driver’s license provisions are. Section 806.13(6)(a) provides as follows: Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of: 1....

...As such, she could not be subject to the imposition of a fine for violating the statute, and the trial court’s failure to impose such a fine was not error. By contrast, however, the trial court did err in failing to impose the driver’s license sanctions contained in section 806.13(7), which are required when a minor is found to have committed a delinquent act under section 806.13 by placing graffiti on any public or private property....

...was found to have committed a delinquent act, as evidenced by the trial court’s entry of a withhold of adjudication. See State v. Menuto, 912 So.2d 603 (Fla. 2d DCA 2005). Given the fact that N.P. was found to have committed a delinquent act, and given the mandatory language of section 806.13(7), the trial court was required to revoke, withhold, or extend the suspension or revocation of N.P.’s driver’s license....

...The failure to do so was error. 1 In conclusion, we determine that the trial court correctly refused to impose a fine in the instant case because N.P. could not be considered to have been convicted under the statute. However, given the mandatory language contained in section *3 806.13(7), in addition to that section’s clear application to juveniles, we conclude that the trial court erred in refusing to either revoke, withhold, or extend the revocation or suspension of N.P.’s driver’s license after it withheld adjudication. Affirmed in part, reversed in part, and remanded. NORTHCUTT and VILLANTI, JJ., Concur. . We note that section 806.13(6) appears to contain an internal conflict. While the sanction of a fine pursuant to section 806.13(6)(a) may not be applied to minors because the violator must be "convicted,” section 806.13(6)(c) expressly applies to minors and *3 provides that if a minor "commits a delinquent act prohibited by paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine.”

criminal mischief, a first-degree misdemeanor. See § 806.13(1)(b)2, Fla. Stat. (1997). AFFIRMED, in part;

...equipment behind it. The damage to the bar and equipment served as the basis of the criminal mischief charge. The crime of criminal mischief requires a showing that the defendant "willfully and maliciously injures or damages" the property of another. § 806.13(1)(a), Fla....

...Ex parte Fassett, 142 U.S. 479, 486 (1892). BACKGROUND Charged by information with two counts of battery in violation of section 784.03, Florida Statutes, and one count of criminal mischief in violation of section 806.13(1)(b)(1), Florida Statutes, Hitchman entered a negotiated plea of no contest in exchange for a withhold of adjudication and one year of reporting probation....

...Brown entered pleas of no contest to all charges but reserved the right to appeal this issue. Second-degree burglary, a violation of section 810.02(3), Florida Statutes (1985), is subject to a three year statute of limitations pursuant to section 775.15(2)(b), Florida Statutes (1985). Criminal mischief, a violation of section 806.13, Florida Statutes (1985), is subject to a one year statute of limitations pursuant to section 775.15(2)(d), Florida Statutes (1985)....

...The ti lal court dismissed the delinquency petition filed against appellees J.T.S. and G.R.W. on the ground that the undisputed facts did not establish a prima facie case against them. We reverse. Appellees were alleged to have committed criminal mischief, in violation of Section 806.13, Florida Statutes (1977), in that they willfully and maliciously damaged an automobile by “rocking and moving” the car....

a charge of criminal mischief, proscribed by F.S. 806.13, we would affirm because we find the other points

CASANUEVA, Judge. After a trial, the circuit court withheld adjudication but placed S.P. on juvenile probation for the offense of felony criminal mischief, a violation of section 806.13(l)(b)(3), Florida Statutes (2002)....

...f, it is relevant to the severity of the crime. See Valdes v. State, 510 So.2d 631, 632 (Fla. 3d DCA 1987). To support a conviction or juvenile disposition for felony criminal mischief, the State must prove that the damage is “$1000 or greater.” § 806.13(1)(b)(3)....

...minal mischief adjudication. Id. The State did, however, present other evidence supporting adjudication for the lesser offense of first-degree misdemeanor criminal mischief, which requires proof of damage “greater than $200 but less than $1000.” § 806.13(l)(b)(2)....

...See, e.g., § 836.01, Fla. Stat. (“Any person convicted of the publication of a libel shall be guilty of a misdemeanor ....”); § 812.014(2)(e), Fla. Stat. (theft of property valued at $100 or more but less than $300 is “punishable as a misdemean- or”); § 806.13(l)(b)2., Fla....

personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla. Stat. (2017). Moreover

personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla. Stat. (2017). Moreover

...property to his or her own use. See § 812.014(1), (3)(a). To prove criminal mischief, also a second-degree misdemeanor, the State had to establish that A.L. willfully and maliciously injured or damaged any real or personal property belonging to another person. See § 806.13(1)(a), (1)(b)(1), Fla....

...minal mischief to attempted criminal mischief because the State failed to prove that the rocks hurled at a school building by appellant caused any damage. Damage *1053 to property is specifically made an element of the criminal mischief statute. See Section 806.13, Florida Statutes (1983)....

...Stat., for the definition of "destructive device." "Knowingly" means with full knowledge and intentionally. "Willfully" means intentionally and purposely. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2010. 12.4 CRIMINAL MISCHIEF § 806.13(1)-(2), Fla....

...[Tthe damage to the property was $200 or less.] d. [the property damaged was a church, synagogue, mosque, or other place of worship or any religious article contained therein]. e. [the defendant has previously been convicted of criminal mischief]. § 806.13(5)(a), Fla....

...The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the total value. Lesser Included Offenses --------------------------------------------------------------------------- CRIMINAL MISCHIEF—806.13(1)(b)1 --------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....

...--------------------------------------------------------------------------- None --------------------------------------------------------------------------- Attempt 777.04(1) 5.1 --------------------------------------------------------------------------- CRIMINAL MISCHIEF — 806.13(1)(b)2 --------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. --------------------------------------------------------------------------- Criminal mischief 806.13(1)(b)1 12.4 --------------------------------------------------------------------------- Attempt 777.04(1) 5.1 ============================================================================ CRIMINAL MISCHIEF—806.13(1)(b)3 ---------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ---------------------------------------------------------------------------- Criminal mischief 806.13(1)(b)1 12.4 ---------------------------------------------------------------------------- Criminal mischief 806.13(1)(b)2 12.4 ---------------------------------------------------------------------------- Attempt 777.04(1) 5.1 ---------------------------------------------------------------------------- Comment It is error to inform the jury of a prior criminal mischief conviction....

a judgment finding that appellant violated section 806.13(l)(b)l., Florida Statutes, by causing damage

...the finding that defendant violated probation by committing the crime of criminal mischief. Since all the evidence purportedly establishing defendant as the culprit who threw a rock through the window of a Walgreens store was hearsay, we reverse this finding. See § 806.13(1)(a), Fla....

...Dugger, 515 So.2d 748 (Fla.1987). REVERSED AND REMANDED. ORFINGER and COWART, JJ., concur. . § 810.02(1), Fla.Stat. (1987). . § 812.014(2), Fla.Stat. (1987). . § 812.014(2)(d), Fla.Stat. (1987). . § 790.07, Fla.Stat. (1987). . § 810.02(2)(b), Fla.Stat. (1987). . § 806.13, Fla.Stat....

...This holding makes it unnecessary 3 for us to reach the varied and difficult issues surrounding the effect of the sentencing aspect of the ordinance provision on juvenile cases, including the constitutional validity and applicability of Chapter 98-93, section 1, Laws of Florida (1998), creating section 806.13(7), Florida Statutes (Supp.1998), which purports to require that juvenile dispositions conform to such a prescription....

...ment in the County Jail for a term not to exceed sixty (60) days, or by both fine and imprisonment in the discretion of the court. . We note that section 985.231, Florida Statutes (1997), precludes imprisoning a juvenile in county jail. . Luckily. . Section 806.13(7), Florida Statutes (Supp....

and remand. DOWNEY and DELL, JJ., concur. . Section 806.13(1), Florida Statutes (1981), Criminal Mischief

...The state points out that even though the general rule is as stated above, under section 948.04, Florida Statutes (1983), an adult may be placed on probation for six months for a second degree misdemeanor. The criminal mischief offense involved in this case is a second degree misdemeanor. § 806.13(l)(b), Fla....

...From a policy standpoint, the state contends that the arson statute includes motorcycles because they have fuel tanks subject to detonation and consequent public risk. Jones argues that the crime of igniting an unoccupied motorcycle is addressed by section 806.13, Florida Statutes (1985), the criminal mischief statute, which prohibits *755 willful damage to personal property....

in damage of $1000 or more, in violation of section 806.13(1)(b)3., Florida Statutes (2016), a third-degree

...“Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. 1 I.L. was charged in Count Two with criminal mischief resulting in damage of $1000 or more, in violation of section 806.13(1)(b)3., Florida Statutes (2016), a third-degree felony. At the conclusion of the State’s case, the trial court granted a judgment of dismissal of that charge, reducing it to criminal mischief resulting in damage of $200 or less, in violation of section 806.13(1)(b)1., a second-degree misdemeanor. 2 That statute provides in pertinent part: Burglary is a felony of the third degree, punishable as provided in s. 775.082, s....

...In this case, however, the vehicle was the personal van of one of the counselors who had accompanied the young girls living at a residence hall to a July 4th outing. R.C.R. is simply inappo-site to this case. Affirmed. STONE and MAY, JJ., concur. . "If the damage is $1,000 or greater ... it is a felony of the third degree § 806.13(l)(b), Fla....

...delinquent for committing felony criminal mischief and remand to the trial court with directions to amend the adjudication of delinquency to reflect the fact that it is based on a finding that A.D. committed the delinquent act of misdemeanor criminal mischief, not felony criminal mischief. Pursuant to section 806.13(l)(b)(2), Florida Statutes (2002), if the damage resulting from criminal mischief is greater than $200 but less than $1000, the offense is a first-degree misdemeanor. However, if the damage exceeds $1000, it is a third-degree felony. ■§ 806.13(l)(b)(3)....

in less than $1000.00 damage, is a misdemeanor. § 806.13(1), Fla. Stat. (1995). Contempt is neither a felony

maliciously in violation of section 790.19 and section 806.-13, Florida Statutes (1990). Accordingly, we reverse

...rima facie case of criminal mischief — specifically, that there was no testimony from Officer Alvarez or Ms. Parchman that the turnstile was actually damaged. We agree and reverse. C.B. was charged with committing criminal mischief in violation of section 806.13(l)(b)2, Florida Statutes (1997)....

...tencing of the conviction to second-degree petit theft pursuant to section 812.014(3)(a), Florida Statutes (2001). We affirm the remaining convictions finding no merit in J.R.’s argument that his other convictions for criminal mischief pursuant to section 806.13, Florida Statutes, and malicious damage to a vending machine pursuant to section 877.08(2), Florida Statutes (2001), constitute a double jeopardy violation....

...f a firearm while committing a felony was terminated and dismissed for the reason that the case had been transferred to county court. On the same date an information was filed in county court charging appellant with criminal mischief in violation of section 806.13, Florida Statutes, and culpable negligence in violation of section 784.05, Florida Statutes....

...We reverse the adjudication of delinquency in this case and remand for appellant’s discharge. The state has conceded error. Appellant, a ten year old boy, was found guilty of criminal mischief by starting a fire which damaged the property of another in violation of section 806.13, Florida Statutes (1995)....

...Constitutions. 6 Accordingly, we vacate the sentences and remand for resentencing. VACATE SENTENCES AND REMAND. ORFINGER and COWART, JJ., concur. . § 784.045, Fla.Stat. (1985). . § 790.07, Fla.Stat. (1985). . § 784.021(1)(a), Fla.Stat. (1985). . § 806.13(l)(b)1, Fla.Stat....

...Accordingly, we reverse Mr. Card’s sentences and remand for the trial court to impose lawful sentences. Affirmed in part, reversed in part, and remanded. DAVIS and WALLACE, JJ., Concur. . § 784.07(2)(d), Fla. Stat. (2001). . § 843.01, Fla. Stat. (2001). . § 806.13(l)(b), Fla....

...On remand, the trial court must allow Mr. Aguirre-Garcia to withdraw his plea and proceed to trial on the remaining charges. Reversed and remanded. WHATLEY and CANADY, JJ„ Concur. . See § 784.045(2), Fla. Stat. (2002). . See § 784.048(4), Fla. Stat. (2002). . See § 806.13, Fla....

...The petition for delinquency stated that the criminal mischief charged therein was a misdemeanor in the first degree notwithstanding that the alleged damage to the property was $200 or less, making the charge in fact a misdemeanor in the second degree. § 806.13(2)(b), Fla.Stat....

...A petition charged that on or about October 11, 2002, 12-year-old J.S.R., a/k/a J.C.M. (Appellant), “did unlawfully, willfully and maliciously, injure or damage, or place graffiti thereon or commit an act of vandalism” upon a windshield belonging to Niki Bridges, in violation of section 806.13(l)(b)2, Florida Statutes (2002)....

...While the monetary value of damage caused by an act of criminal mischief is not an element of the offense, it affects the severity of the crime. A conviction or adjudication of felony criminal mischief must be supported by proof that the defendant caused at least $1000 worth of damage. § 806.13(l)(b)(3), Fla....

...The victim testified that five of her ear windows, including the windshield and the back window, were smashed. That testimony was sufficient for the trial court to infer that the damage exceeded $200, the threshold for an adjudication of first-degree misdemeanor criminal mischief. § 806.13(l)(b)(2), Fla....

...On appeal from the County Court for Escambia County. Barry E. Dickson, Jr., Judge. August 6, 2025 PER CURIAM. Following a bench trial, Aimee Erb appeals her conviction for criminal mischief with damage to property under $200. See § 806.13(1)(b)1., Fla....

opinion. . § 810.02(1), (3), Fla.Stat. (1991). . § 806.13(1)(a) and (b)2, Fla.Stat. (1991). . § 810.08

...istina L. Dominguez, Assistant Attorney General, for appellee. Before WELLS, SHEPHERD and SCALES, JJ. SHEPHERD, J.  C.H. appeals a trial court order adjudicating him delinquent on a charge of felony criminal mischief in violation of section 806.13(1)(b)3, Florida Statutes (2013). Because the record evidence does not satisfy the $1,000 threshold for felony criminal mischief, we vacate this adjudication, but remand for entry of an adjudication for first-degree misdemeanor criminal mischief pursuant to section 806.13 (1)(b)2, Florida Statutes (2013). C.H....

...3d 944, 945 (Fla. 4th DCA 2010) (stating that “In prosecutions for criminal mischief in excess of $1000 – a felony of the third degree – an essential element of the crime is the amount of damage in value or cost to the property damaged.” (citing § 806.13(1)(a),(b)3, Fla. Stat....

concur. . § 810.02(3), Fla. Stat. (1997). . § 806.13(0(6)2, Fla. Stat. (1997).

...As discussed above, a delinquent act is by definition a “violation of any law.” § 985.03(58). Therefore, by imposing surcharges for a “violation” in sections 938.08 and 938.085, the legislature specifically included juvenile offenses. Cf. State v. N.P., 913 So.2d 1, 2 (Fla. 2d DCA 2005) (finding that the fine in section 806.13(6)(a) did not apply to juveniles because the language of the statute applied to individuals who have been “convicted ” and “juveniles are not deemed to be ‘convicted’ by adjudications of delinquency”) (emphasis added)....

...charged crime, a judgment of dismissal is required.” R.R.W. v. State, 915 So. 2d 633, 635 (Fla. 2d DCA 2005). A person commits the offense of criminal mischief if he willfully and maliciously damages the real or personal property of another. § 806.13(1)(a), Fla. Stat....

second-degree misdemeanor criminal mischief, see § 806.13(1)(b)(1), and to hold a new disposition hearing

...rand theft and first-degree misdemeanor criminal mischief. Because the State failed to present sufficient evidence that the value of the stolen and damaged property met the statutory thresholds for the charged offenses, see §§ 812.014(2)(c)(1), 806.13(1)(b)(2), Fla. Stat. (2016), we reverse and remand for the delinquency court to enter an order finding that D.D. committed second-degree petit theft, see § 812.014(3)(a), and second-degree misdemeanor criminal mischief, see § 806.13(1)(b)(1), and to hold a new disposition hearing. The evidence at the adjudicatory hearing established that while D.D....

...On this evidence, the State could only establish that D.D. committed second-degree petit theft. D.D. also argues that the State's evidence of the phone's value was not sufficient to meet the $200 threshold for first-degree misdemeanor criminal mischief. See § 806.13(1)(b)(2)....

burglary. D.B. was also charged with violating Section 806.13(1)(a), Florida Statutes (Supp.1988), which

...d she saw him drop the weight into the pool. A second witness testified that when she confronted appellant, he stated he caused damage to the pool by accident. The State failed to present any evidence that appellant acted with malice, as required by section 806.13, Florida Statutes (2010)....

...d she saw him drop the weight into the pool. A second witness testified that when she confronted appellant, he stated he caused damage to the pool by accident. The State failed to present any evidence that appellant acted with malice, as required by section 806.13, Florida Statutes (2010)....

...A person may be found guilty of criminal mischief “if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.” § 806.13(1)(a), Fla....

...State, 446 So.2d 268 (Fla. 2d DCA 1984). Turning next to the criminal mischief judgment, it is a necessary element of the crime of criminal mischief, that the defendant willfully and maliciously injures or damage real or personal property belonging to another. § 806.13(l)(a), Fla....

...had committed malicious mischief, withheld adjudication, and ordered W.F. to pay restitution. This appeal follows. By statute, "[a] person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another. . . ." § 806.13(1)(a), Fla....

...had committed malicious mischief, withheld adjudication, and ordered W.F. to pay restitution. This appeal follows. By statute, “[a] person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another .... ” § 806.13(l)(a), Fla....

...in count I, a third degree felony and a violation of sections 784.03(1), 784.07(1)(e), and 784.07(2)(b), Florida Statutes (2011); and (3) Criminal mischief with under $200 of damage to a motor vehicle, a second degree misdemeanor and a violation of section 806.13(1)(a) and (b)(1), Florida Statutes (2011). The day before trial, the State offered appellant a plea deal of five years of probation, with adjudication, and $200 in restitution....