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STATE v. C.J.K.

No. 84-746.

467 So.2d 815 (1985)

STATE of Florida, Appellant, v. C.J.K., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.

SHARP, Judge.

The trial court dismissed a petition for delinquency on the ground that the prosecution was not in the best interest of the child, C.J.K., and the chief state witness said she did not want to prosecute him if he made restitution. We think this case is controlled by State v. C.C.B., 465 So.2d 1379 (Fla. 5th DCA 1985), and accordingly, we reverse.

REVERSED.

ORFINGER and FRANK D. UPCHURCH, Jr...

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