T.N. v. STATE

No. 5D05-1969.

929 So.2d 1133 (2006)

T.N., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 2, 2006.


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 Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


SHARP, W., J.

T.N., a child, appeals from an order which adjudicated him delinquent for having committed the offense of attempted robbery with a weapon, and which placed him at a restrictiveness level six, contrary to the recommendation of the Department of Juvenile Justice. We affirm the adjudication of delinquency, but reverse the sentence and remand for resentencing.

The only evidence presented at the adjudicatory hearing to prove that T.N. possessed a...

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