STATE v. T.D.

No. 4D01-1368.

837 So.2d 551 (2003)

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

District Court of Appeal of Florida, Fourth District.

February 12, 2003.


Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, Donna M. Hoffmann and Judy Hyman, Assistant Attorneys General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellee.


STEVENSON, J.

T.D., a minor, was charged with aggravated battery on a pregnant woman. When the victim failed to appear for trial, the judge nonetheless insisted that the State proceed. After the State failed to produce any witnesses, the trial judge pronounced T.D. "not guilty." The State seeks to appeal the order of the trial judge, arguing that the order is in the nature of a dismissal—not a judgment of acquittal—and that the dismissal was too harsh...

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