I.M. v. State, 1D05-2001.

• Decision Date: 14 December 2005
• Docket Number: No. 1D05-2001.,1D05-2001.
• Parties: I.M. a child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida Supreme Court

917 So.2d 927

I.M. a child, Appellant, v. STATE of Florida, Appellee.

No. 1D05-2001.

District Court of Appeal of Florida, First District.

December 14, 2005.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant, a juvenile, was adjudicated delinquent of one count of first-degree arson, a violation of section 806.01(1)(b), Florida Statutes (2004); and one count of burglary to a dwelling or structure, with the intent to commit the offense of arson and/or criminal mischief and with damage over $1,000.00, a violation of section 810.02(2)(c)2., Florida Statutes (2004). The charges arose from incidents on January 31, 2005, when the locked building enclosing the band/choir room at Ribault Middle School in Jacksonville was unlawfully entered and a fire was set inside the band/choir room, causing extensive damage to the building and the property inside. Appellant asserts as error 1) the trial court's denial of his motion for judgment of dismissal on the charge of first-degree arson and 2) the trial court's restitution order in the amount of $110,023.00. We affirm the adjudication of delinquency as to both offenses and the commitment to a level of moderate risk. We affirm the restitution order in part, vacate the order in part, and remand for further proceedings in accordance with section 775.089, Florida Statutes (2004).

Motion for Judgment of Dismissal

Appellant does not challenge the finding of delinquency for one count of burglary to a dwelling or structure with damage in excess of $1,000.00, which is a first-degree felony. See § 810.02(2)(c)2., Florida Statutes (2004). In his first issue, Appellant contends that the trial court erred by denying his motion for judgment of dismissal on the one count of first-degree arson. The amended petition alleged that Appellant "did willfully and unlawfully, or while in the commission of a felony, by fire or explosion, damage or cause to be damaged a structure, or the contents thereof, where persons are normally present, to-wit: RIBAULT MIDDLE SCHOOL, contrary to the provisions of Section 806.01(1)(b), Florida Statutes." This statutory subsection defines first-degree arson to include a person's damaging, or causing to be damaged, "willfully and unlawfully, or while in the commission of any felony, by fire or explosion," "[a]ny structure, or contents thereof, where persons are normally present, such as ... educational institutions during normal hours of occupancy...."

We review de novo the trial court's ruling on a motion for judgment of acquittal. See Pagan v. State, 830 So.2d 792, 803 (Fla.2002); Jones v. State, 790 So.2d 1194 (Fla. 1st DCA 2001). The same standard of review applies in the context of juvenile adjudicatory proceedings, although the motion is properly designated a motion for judgment of dismissal. See Fla. R. Juv. P. 8.110(k); J.P. v. State, 855 So.2d 1262, 1264 n. 1 (Fla. 4th DCA 2003); W.E.P. v. State, 790 So.2d 1166, 1169-70 & n. 3 (Fla. 4th DCA 2001). If, upon reviewing the evidence in a light most favorable to the State, a rational fact-finder could find the elements of the crime proven beyond a reasonable doubt, then the evidence is sufficient to sustain the adjudication of delinquency. See Banks v. State, 732 So.2d 1065 (Fla.1999).

The State's evidence showed that on the afternoon of January 31, 2005, an 11-year-old (whom we refer to as "A" due to his protected status as a juvenile) was at the middle school for an after-school "team ball" class program. On that day, he skipped that particular activity and was standing with several friends outside the building housing the band room. After someone remarked that "a thing [was] on top of the roof" of the building enclosing the band room, "A" and another of the boys (whom we designate as "G") climbed to the rooftop and entered the hatch leading down into the band or chorus room. When they realized they were in the band room, "G" said they needed to get out of there. As "A" and "G" were exiting through the door of the band room and walking toward a gate, they observed some older boys, including Appellant. At the older boys' request, "A" and "G" held open the door. After three of the boys, including Appellant, entered through the band room door, "A" (who had remained outside) heard "cracking" and "crashing" noises, as if things were being thrown around. "A" heard "G" say something about leaving fingerprints. Later, while Appellant was still inside the band room, "A" heard someone inside the room yell "Set it on fire." After the fire was set, "A" saw the older boys running out of the band room. Subsequently, "A" recounted these events to a detective.

"G," age 12, testified he was on the middle-school campus on that afternoon for a "Team Up" program providing homework assistance. "G" was with several friends when "A" mentioned that he knew a way to get inside the choir room, after which several of the boys jumped the fence and scaled the roof. "G" and "A" came down into the choir room; soon afterwards, some other boys asked "G" to hold open the door. "G" testified that Appellant was one of the boys who were standing right by the door to the choir room. Afterwards, "G" heard loud sounds of stomping and chairs falling. He remarked to "A" that those boys were going to leave fingerprints. Later, "G" told this story to a detective.

"D," age 11, testified that on the same afternoon, he was on campus for an after-school program with "A" and "G" and two other friends who were playing near a fence by the courts. "D" (who had remained outside) testified that he saw "A" holding open the door to the choir room for some older boys, including Appellant, who walked inside and started throwing objects and breaking trophies and other glass objects. With the door to the room open, "D" was able to see inside. He heard one of the boys say something about fingerprints. He also heard someone say "Give me a lighter, I'm about to burn this." When that statement was made, Appellant and the other older boys were still inside the room. "D" testified that he had seen Appellant running out of the choir room with everyone else as the smell of smoke became apparent. When "D" first saw them, the older boys were smoking cigars. One of the boys other than Appellant had a lighter in his hand. "D" subsequently gave a written statement to a detective.

Dale Burford, a Jacksonville fire investigator, testified that he had responded to a call at the middle school after the fire was extinguished. His district chief reported that persons who were not supposed to be in the room had been there when the fire started, and the authorities suspected the fire had been intentionally set. Reports indicated that some individuals had been on the building roof shortly before the fire started. After observing the damage inside the choir room, Mr. Burford determined that the fire's point of origin was the south center wall by the lockers where the uniforms were kept. After cleaning the area and finding no source of ignition (e.g., chemical, electrical, combustible, lightning), the investigators concluded that the fire had been set intentionally, not accidentally. The door to the damaged room had been locked.

Detective John Harness, who worked in community affairs for the Duval County School Board, testified that he had been called to the middle school around 6:00-6:30 p.m. on the date of the incident to speak to some students whom the authorities had detained. Relying on certain information given to him, the detective contacted Appellant, whom he identified in court. Before the interview, Detective Harness gave Appellant a written Miranda rights form and read aloud the rights, after which Appellant signed the form and willingly, knowingly gave oral and written statements about the incident. At the adjudicatory hearing, Detective Harness read aloud Appellant's statement indicating that Appellant and three other boys had been walking together when they saw "G" and another younger boy exiting the classroom. Appellant was told that the younger boys had entered the room through the roof hatch. After the door was opened for them, Appellant and his three compatriots entered the room and started removing items from the wall and throwing objects around the room. When they arrived at the building, the boys had been smoking a tobacco product. According to Appellant's statement, at "M's" request, Appellant had handed him a lighter. Observing "M" setting the robes afire, Appellant left the room. Appellant said that "M" had told him how the chorus room was set aflame. One of the boys told the detective about having heard one of the older boys say "We're going to burn this mug down."

The middle school vice-principal, Addison Davis, testified that school got out at 2:25 p.m. On the afternoon of the band/choir room fire, which occurred after 4:00 p.m., school was not in session. The "Team Up" after-school program was the only activity going on then. The witness testified that no one was supposed to be in the back area of the building where the fire occurred. That building, which is attached to the gymnasium, was locked and was supposed to be empty.

After the State rested its case, defense counsel moved for a judgment of dismissal on the charge of first-degree arson on two grounds: 1) that the State had not proved the arson was in a structure where persons are normally present and during normal hours of occupancy; and 2) that the State had not shown that Appellant was a "principal" with a conscious intent to commit a criminal act. The "structure" in question is the school building that includes the band/chorus room in which the fire originated. See § 806.01(3) (defining "structure" to include "any building of any kind"). The testimony that the middle school normally got out...