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K.A. v. STATE

No. 4D99-2631.

761 So.2d 349 (2000)

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

District Court of Appeal of Florida, Fourth District.

March 8, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rajeev Saxena, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The state correctly concedes error in K.A.'s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault have not been alleged. See State v. Von Deck, 607 So.2d 1388 (Fla. 1992); B.S.W. v. State, 668 So.2d 1075 (Fla. 2d DCA 1996). We, accordingly, reverse K.A.'s conviction for assault and direct the...

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