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STATE v. D.W.

No. 3D02-1566.

821 So.2d 1179 (2002)

STATE of Florida, Appellant, v. D.W., a child, Appellee.

District Court of Appeal of Florida, Third District.

July 24, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellee.

Before GERSTEN, SHEVIN, and SORONDO, JJ.

PER CURIAM.

Appellant, the State of Florida ("State"), appeals the sua sponte dismissal of a petition for delinquency against appellee, D.W., a juvenile ("D.W."). We reverse and remand for a new trial.

This case arises from a petition for delinquency against D.W., who is accused of threatening a teacher. D.W. was questioned by the trial court, and the court read the arrest report into the record. The arrest report revealed that D.W. walked up to his...

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