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Y.S. v. STATE

No. 92-1945.

620 So.2d 245 (1993)

Y.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 22, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Francine Thomas, Asst. Atty. Gen., for appellee

Before BARKDULL, JORGENSON and LEVY, JJ.

PER CURIAM.

Y.S. appeals from an order of delinquency. For the following reason, we reverse.

Y.S. was charged with misdemeanor battery under section 784.03, Florida Statutes (1991). Y.S. appeared for a sounding before the trial court on April 21, 1992. During the adjudicatory hearing on June 25, the prosecution announced that it would nolle prosequi as the victim had failed to appear. Shortly thereafter, the victim appeared and the trial judge allowed the...

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