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B.A.O. v. STATE

No. 2D04-3755.

932 So.2d 301 (2006)

B.A.O., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 11, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

B.A.O. appeals an order withholding adjudication but finding he had committed the delinquent act of loitering and prowling under section 856.021, Florida Statutes (2003). Because the State did not present evidence establishing all the elements necessary for conviction, we reverse.

At 2:45 a.m. on August 30, 2003, a security guard at an apartment complex in Hillsborough County spotted B.A.O. and another male walking towards the entrance of...

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