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STATE v. STALVEY

No. 1D99-2219.

795 So.2d 968 (2000)

STATE of Florida, Appellant, v. Amanda STALVEY, Appellee.

District Court of Appeal of Florida, First District.

April 12, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Laura Fullerton Lopez, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellee.

PER CURIAM.

The state appeals the sentence Amanda Stalvey received in the wake of her conviction for lewd and lascivious conduct with a fourteen year-old boy in violation of section 800.04(4), Florida Statutes (1997). The state contends, as a matter of law, a minor cannot be a "willing participant" in such a crime. See State v. Harrell, 691 So.2d 46 (Fla. 2d DCA 1997); State...

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