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D.K.W. v. STATE

No. 77-1307.

354 So.2d 1274 (1978)

In the Interest of D.K.W., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 15, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Lawrence D. Shearer, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

This is an appeal from an order of delinquency based upon a finding of ungovernability for the second time. The petition upon which the proceedings were based was not signed by a state attorney as required by Section 39.05(1), Florida Statutes (1975). Moreover, the petition failed to allege that D.K.W. had previously been adjudicated as an ungovernable child and that the proceedings could result in an adjudication of delinquency. Therefore, upon the authority...

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