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K.W.S. v. STATE

No. 5D05-799.

924 So.2d 80 (2006)

K.W.S., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 31, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Tomislav D. Golik, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

K.W.S. appeals his adjudication of delinquency based on a single charge of battery. Because the court erred in not granting the juvenile's motion for judgment of dismissal1, we reverse.

Section 776.012, Florida Statutes (2004), authorizes a person to use non-deadly force against another "when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another...

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