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STATE v. J.M.

Nos. 98-00382, 98-00393.

718 So.2d 316 (1998)

STATE of Florida, Appellant, v. J. M., a child, Appellee.

District Court of Appeal of Florida, Second District.

September 16, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellee.

CASANUEVA, Judge.

The State appeals the trial court's dismissal of two petitions alleging J.M. committed delinquent acts. In case number 98-00393, the State alleged J.M. sold a counterfeit drug; in case number 98-00382, the State alleged J.M. committed a battery. Because J.M. was already committed by court order to a level 8 program with the Department of Juvenile Justice, the trial court concluded that further prosecution of J.M. was futile. Accordingly, the trial...

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