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J.M. v. STATE

No. 97-284.

709 So.2d 157 (1998)

J.M., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 27, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

J.M. argues on appeal that the trial court erroneously adjudicated and sentenced him on both counts of armed robbery1 and grand theft2. He was found guilty on both counts, adjudicated a delinquent, and sentenced to a Level 10 commitment. We agree that J.M. should not have been adjudicated on the basis of both counts, under the circumstances of this case.

The evidence at trial...

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