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M.N. v. STATE

No. 98-0860.

724 So.2d 122 (1998)

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

District Court of Appeal of Florida, Fourth District.

November 18, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Eric Gottlieb, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, Judge.

Appellant, a juvenile, appeals the trial court's order adjudicating him guilty of battery. He claims that the trial court erred by excluding his only witness as a sanction for appellant's failure to list the witness on the pretrial witness list, even though the state was aware of his existence, as the witness was the former co-defendant with appellant. We hold that the trial court erred in excluding the witness without a Richardson

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