T.R. v. STATE

No. 3D08-808.

26 So.3d 80 (2010)

T.R., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 10, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

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


SHEPHERD, J.

T.R., a juvenile, appeals her withhold of adjudication and sanction for simple battery. She argues she is entitled to a new disposition hearing before a different judge because the trial court impermissibly relied upon the fact that she maintained her innocence to the charged offense throughout the proceeding below. We agree and reverse.

T.R. was charged with simple battery for smacking the victim, a fellow student, with her lunch box at a bus...

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