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Z.P. v. STATE

No. 93-04033.

651 So.2d 213 (1995)

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

District Court of Appeal of Florida, Second District.

March 1, 1995.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Scott A. Brown, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Acting Chief Judge.

Z.P. appeals the trial court's finding that he was delinquent in committing the offense of grand theft. We reverse for the failure of the trial court to determine the competency of a nine-year-old witness when the witness's competency was at issue before the trial court.1

The state's eyewitness to the crime was a nine-year-old child. At the beginning of his testimony, the prosecutor elicited his age...

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