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STATE v. M.H.

No. 90-511.

571 So.2d 562 (1990)

STATE of Florida, Appellant, v. M.H., Jr., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

December 20, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.

DIAMANTIS, Judge.

The state appeals the order of the trial court granting defendant's motion for a new trial.1 We conclude that defendant failed to sustain the burden of proving his right to a new trial and, therefore, reverse.

The state filed a petition of delinquency against defendant, M.H., charging him with the sale and delivery of cannabis. Defendant, a high school student, was charged with selling a bag of cannabis to another...

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