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J.W.S. v. STATE

No. 2D04-3278.

899 So.2d 1276 (2005)

J.W.S., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 27, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

J.W.S. appeals his adjudication of delinquency for criminal mischief. It was alleged that he willfully damaged a fence on January 23, 2004. We reverse because there was no evidence that J.W.S. caused damage to the fence on the day in question.

The manager of the Carr Mobile Home Park testified that on January 23, 2004, she saw J.W.S. go over a fence that surrounds the park. The fence is a six-foot...

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