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STATE v. VARELA

No. 93-2795.

636 So.2d 559 (1994)

STATE of Florida, Appellant, v. John O. VARELA and Jason Albury, Appellees.

District Court of Appeal of Florida, Fifth District.

May 6, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.

PETERSON, Judge.

The question raised in this appeal by the state of Florida is whether a juvenile violates section 39.061, Florida Statutes (Supp. 1992)1 by attempting to escape rather than by completing the escape. The trial court granted the juveniles' motion to dismiss, answering the question in the negative.

Varela and Albury were confined at the Orlando Juvenile Detention facility...

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