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A.K. v. STATE

No. 97-02681

724 So.2d 660 (1999)

A.K., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 15, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A.K. was adjudicated delinquent after pleading guilty to two counts of trespass. He challenges the court's decision to enhance the degree of his crimes based on his membership in a street gang. See § 874.04, Fla. Stat. (Supp.1996). We hold that the State failed to prove that A.K. was a member of a criminal street gang under section 874.03, Florida Statutes (Supp.1996), a necessary prerequisite to application of the enhancement provisions...

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