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STATE v. R.L.K.

No. 89-2140.

568 So.2d 1341 (1990)

STATE of Florida, Appellant, v. R.L.K., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

November 1, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellee.

SHARP, W., Judge.

The state appeals the lower court's order which granted R.L.K.'s motion to dismiss count II of a second amended petition alleging R.L.K. to be a delinquent. We reverse.

R.L.K. was taken into custody on August 12, 1989, and on August 21, 1989, the state charged him with one count of disorderly intoxication.1 On August 24, 1989, the state filed an amended petition which corrected the date of the offense. On October...

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