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T.H. v. STATE

No. 90-278.

573 So.2d 1090 (1991)

T.H., Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

February 14, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Attorney General, Tallahassee and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

ON MOTION FOR REHEARING

HARRIS, Judge.

We grant appellant's motion for rehearing and we withdraw our prior opinion.

At approximately 2 a.m. on October 8, 1989, T.H. and four other juveniles were arrested and charged with robbery, trespassing, and resisting arrest without violence. At an adjudicatory hearing on January 8, 1990, Therman Ryza, the victim, testified that he was walking to a restaurant when he was hit in the eye with a glass bottle. As...

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