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G.S. v. STATE

No. 3D99-2188.

761 So.2d 1229 (2000)

G.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 5, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, and Kelly Cohen, Certified Legal Intern (Fort Lauderdale), for appellee.

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

PER CURIAM.

Respondent, G.S. ("respondent"), appeals his enhanced conviction and sentence of third-degree felony battery on a detention or commitment facility staff member in violation of Section 784.075, Florida Statutes (1998). We reverse, finding the charge of simple battery should not have been enhanced to a third-degree felony because the victims were not employees of a facility listed in Section 784.075.

The respondent was removed from his home by the...

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