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C.R.C. v. STATE

No. 2D02-2373.

842 So.2d 235 (2003)

C.R.C., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 2003.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Tampa, for Appellee.

CASANUEVA, Judge.

C.R.C., who was charged with battery on a school board employee after he allegedly shoved the assistant principal during an altercation with another student, claims on appeal that the court erred in finding that he committed the delinquent act of disorderly conduct. We must reverse because, contrary to the trial judge's belief, disorderly conduct is not a lesser-included offense of the act with which the defendant was charged.

At trial both...

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