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N.K.W., JR. v. STATE

No. 2D99-4697.

788 So.2d 1036 (2001)

N.K.W., Jr., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 16, 2001.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

N.K.W. appeals his withheld adjudication of delinquency for possession of a controlled substance. He asserts that the State failed to rebut his reasonable hypothesis of innocence, and, thus, his motion for judgment of acquittal should have been granted. We agree and reverse.

N.K.W. was alleged to be delinquent by reason of actual or constructive possession of a controlled substance, to wit, lysergic acid dielthylamide (LSD). He entered a plea...

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