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O.P. v. STATE

No. 93-636.

623 So.2d 849 (1993)

In the Interest of O.P., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 10, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Chris W. Hoeg, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Pursuant to a petition for delinquency, O.P. was charged with unlawful escape from Criswell House while in the lawful custody of officers of the Department of Health and Rehabilitative Services (HRS). The issue on appeal is whether the trial court erred in denying appellant's motion to dismiss the escape charge. We reverse.

In D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992), this court held unconstitutional...

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