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T.A.B. v. STATE

No. 3D00-3141.

785 So.2d 1247 (2001)

T.A.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SORONDO, J., and NESBITT, Senior Judge.

NESBITT, Senior Judge.

T.A.B., a twelve year old, was charged by petition for delinquency with: 1) burglary to an unoccupied dwelling with the intent to commit theft and/or criminal mischief, 2) theft, and 3) criminal mischief. Following a hearing, the trial court found T.A.B. guilty of burglary. Adjudication was withheld and the juvenile was sentenced to one year community control. We reverse.

The State's evidence established the home at issue had been burglarized...

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