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J.E.A. v. STATE

No. 2D01-3186.

842 So.2d 851 (2002)

J.E.A., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 21, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Richard M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

J.E.A. challenges a final disposition order entered for a felony battery charge. Because Florida's juvenile delinquency statute does not expressly authorize the use of prior withheld delinquency adjudications to enhance the level of criminal offenses, we reverse and remand for a final disposition hearing on misdemeanor battery.

Section 784.03(2), Florida Statutes (2000), provides that "[a] person who has

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