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B.R. v. STATE

No. 5D04-1593.

902 So.2d 333 (2005)

B.R., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 27, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

B.R. appeals his withhold of adjudication and sanction for criminal mischief. He argues that the trial court erred in refusing to allow his mother to testify at the disposition hearing and in giving him a vindictive sanction. B.R. is correct on both counts. The trial court reversibly erred by failing to allow B.R.'s mother to testify at the disposition hearing and the judge's statements before and after trial clearly indicate that he was attempting to discourage...

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