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STATE v. J.T.D.

No. 2D02-5132.

851 So.2d 793 (2003)

STATE of Florida, Appellant, v. J.T.D., Appellee.

District Court of Appeal of Florida, Second District.

July 25, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Ngozichukwu C. Acholonu, Assistant Public Defender, Bartow, for Appellee.

CASANUEVA, Judge.

The State of Florida appeals from the trial court's order suppressing J.T.D.'s confession in this delinquency proceeding. Because the court erred in finding that the juvenile was in custody at the time he was questioned, we reverse.

A petition charged J.T.D., a middle schooler, with lewd or lascivious molestation of another student. Before trial, defense counsel filed a motion to suppress the admission J.T.D. had made to the assistant principal...

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