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M.A.A. v. STATE

No. 3D02-2398.

834 So.2d 963 (2003)

M.A.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 22, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charlie Crist, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., JORGENSON and SHEVIN, JJ.

PER CURIAM.

Based on the state's proper confession of error we vacate the withheld adjudication for second degree aggravated assault with a deadly weapon because the evidence presented was legally insufficient. However, the evidence is sufficient to support a judgment of guilt for the lesser included offense of improper exhibition of a weapon under section 790.10, Florida Statutes (2001). On remand, we direct the court to enter a judgment of guilt on the lesser offense...

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