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STATE v. O.C.

No. 94,513.

748 So.2d 945 (1999)

STATE of Florida, Appellant, v. O.C., a child, Appellee.

Supreme Court of Florida.

September 16, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Belle B. Schumann and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for appellant.

James B. Gibson, Public Defender, and Larry B. Henderson, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for appellee.

PARIENTE, J.

We have on appeal the Fifth District's decision in O.C. v. State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

O.C., a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery...

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