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O.L.M. v. STATE

No. 3D00-1138.

767 So.2d 617 (2000)

O.L.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 20, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, and Jason D. Montes, Certified Legal Intern, and Karen Hattan, Certified Legal Intern, for appellee.

Before GERSTEN and RAMIREZ, JJ., and NESBITT, Senior Judge.

NESBITT, Senior Judge.

A petition of delinquency was filed against juvenile O.L.M. for possession of cocaine. Following a hearing, the trial court adjudicated O.L.M. guilty and committed him to the Department of Juvenile Justice. We reverse.

The evidence at trial was that an officer driving past a storefront known as a "drug hangout" had observed the juvenile reaching into the railing part of a dumpster adjacent to the storefront. One of the juvenile's hands...

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