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S.P. v. STATE

No. 94-04154.

664 So.2d 1064 (1995)

S.P., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 29, 1995.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Stephen L. Romine, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Brenda S. Taylor, Assistant Attorney General, Tampa, for Appellee.

PARKER, Acting Chief Judge.

The state charged S.P. with throwing a deadly missile at or into an occupied vehicle and battery and also filed a Motion to Declare the Child a Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. The court denied S.P.'s motion and, after an evidentiary hearing, entered an Order Declaring Child a Gang Member. S.P. pleaded no contest, expressly reserving the right to appeal the court's rulings on the constitutionality...

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