TURNER v. STATE

No. 2D00-107.

769 So.2d 1108 (2000)

Benjamin D. TURNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 4, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Acting Chief Judge.

Benjamin Turner was charged and convicted as an adult with committing a sexual battery in 1992 when he was fourteen years of age. In this appeal of that conviction, he contends that the trial court erred in denying his motion to dismiss for lack of subject matter jurisdiction because the State erroneously charged him as an adult despite the fact that he was a juvenile at the time the offense was committed. We reverse.

Turner is...

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