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J.K.P. v. STATE

No. 2D99-2155.

764 So.2d 756 (2000)

J.K.P., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 7, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joan Fowler, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

J.K.P. appeals his adjudication for aggravated assault. Because J.K.P. was denied due process by the State's amendment to the charging petition, we reverse the adjudication.

The State proceeded to an adjudicatory hearing on an amended petition alleging that J.K.P. had committed the offense of assault. Following the presentation of evidence, the State orally amended the charge to aggravated assault. Under the facts of this case, it was fundamental...

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