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T.S.D. v. STATE

No. 98-2692.

741 So.2d 1142 (1999)

T.S.D., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Amy D. Ronner, Special Assistant Public Defender, and Evelina Libkhen and Robin Lea, Certified Legal Interns, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Nicole E. Hawks, Certified Legal Intern, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

SHEVIN, J.

T.S.D., a juvenile, appeals his adjudication of delinquency asserting error in the trial court's denial of his motion to suppress his confession. We reverse.

At the hearing on the motion to suppress, neither party's expert testified that T.S.D. grasped the concept that his Miranda1 rights included the right to have an attorney present during questioning.2 T.S.D. is twelve years old...

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