D.C.G. v. STATE

No. AA-103.

332 So.2d 702 (1976)

D.C.G., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 7, 1976.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


McCORD, Judge.

This is an appeal from a judgment adjudicating appellant a delinquent child by reason of the fact that he committed an assault and battery.

Appellant contends that he was not properly adjudicated a delinquent child because assault and battery was not a lesser included offense of the offense with which he was charged. The affidavit, the accusatory pleading in the case, charged appellant with being a delinquent child in that "he is alleged to...

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