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A.L.B. v. STATE

No. 97-1338.

712 So.2d 1290 (1998)

A.L.B., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 24, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellant's motion for rehearing, withdraw our opinion filed April 17, 1998, and issue this opinion in its place.

The trial court determined that A.L.B. had committed the delinquent act of battery1 and sentenced A.L.B. to an indeterminate term of community control. On appeal, A.L.B. argues the term of community control may not exceed one year because battery is a...

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