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STATE v. METZLER

No. 1D00-2617.

791 So.2d 565 (2001)

STATE of Florida, Appellant, v. Joshua M. METZLER, Appellee.

District Court of Appeal of Florida, First District.

August 6, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Edward C. Hill, Jr., Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.

POLSTON, J.

Appellee Joshua M. Metzler ("JMM") was charged with committing a sexual act with a child under the age of 16 in violation of section 800.04(3), Florida Statutes. JMM was 17 years old at the time of the alleged violation. The trial court granted JMM's motion to dismiss, ruling:

1. The Defendant, a juvenile born on February 9, 1982, was charged with committing a sexual act with a minor on July 8, 1999. 2. At the time of the alleged offense...

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