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MATTER OF J.B.

No. 91-3350.

605 So.2d 1013 (1992)

In the matter of J.B., a child.

District Court of Appeal of Florida, Fourth District.

October 14, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Debra Moses Stephens, Asst. Public Defender, West Palm Beach, for appellant J.B., a child.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee State of Fla.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing. The state, which earlier conceded error in this matter, now points out that the defendant was charged by indictment with a life felony. Under section 39.022(5)(c)3, Florida Statutes (1991), the defendant must be tried as an adult. Accordingly, we withdraw our earlier opinion dated September 2, 1992, and in its place, affirm the judgment and sentence.

LETTS, WARNER and FARMER...

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