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J.A.G. v. STATE

No. 3D02-821.

825 So.2d 497 (2002)

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

District Court of Appeal of Florida, Third District.

September 4, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carlos Gonzalez, and Andrew Stanton, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Michael J. Niemand, Assistant Attorney General, for appellee.

Before COPE, GREEN, and RAMIREZ, JJ.

RAMIREZ, J.

J.A.G. appeals his adjudication of delinquency for escape from a residential juvenile commitment facility. We reverse because he was temporarily released from the facility and simply failed to report back, which is not defined as an escape in the juvenile statutes.

J.A.G. was a resident at the Bay Point School, a private institution. On October 18, 2001, he was permitted to leave the program and go home. He was expected to return the following...

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