J.S. v. STATE

No. 3D08-807.

13 So.3d 543 (2009)

J.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 8, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, Harvey J. Sepler, Assistant Public Defender, and Valerie Vicente, Certified Legal Intern, for appellant.

Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee.

Before SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge.


SHEPHERD, J.

J.S. appeals from an adjudication of guilt by the trial judge of battery pursuant to section 784.03(1)(a)1, Florida Statutes (2007), arising out of a scuffle between J.S. and a fellow student, R.O., on a school bus. At trial, there was conflicting testimony concerning who initiated the altercation. The only witness, other than Appellant and R.O., was another student named B.B. When B.B. was called to the witness stand, B.B. stated J.S. punched R.O. first...

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