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L.L.H. v. STATE

No. 5D03-3218.

873 So.2d 1252 (2004)

L.L.H., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 28, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

The defendant, L.L.H., a juvenile, appeals from an order granting the State's motion to vacate his plea and terminating juvenile proceedings. The trial court ruled the defendant's guilty plea must be set aside as the court lacked subject matter jurisdiction because no delinquency petition had been filed charging a juvenile offense.

The defendant was taken into custody as a result of an order to take into custody issued by the juvenile court pursuant...

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