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C.B. v. STATE

No. 4D01-1367.

810 So.2d 1072 (2002)

C.B., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 20, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, J.

Appellant was convicted of battery on an employee of the school district. Because the evidence does not support the conviction, we reverse.

At trial, the defendant's teacher, who was the victim in the case, testified as follows:

"[C.B.] came in the classroom ... and I asked him to hand me the lighter that he had in his pocket. He said he didn't have one. I asked him again to turn over the lighter and when I did, he was a—was a little...

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