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P.W. v. STATE

No. 1D10-2986.

46 So.3d 1231 (2010)

P.W., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Archie F. Gardner, Jr. , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, Anne C. Conley and Therese A. Savona , Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

The State correctly concedes error in P.W.'s conviction for assault as a permissive lesser-included offense to the charge of battery where the elements of the crime of assault were not alleged. N.H.M. v. State, 974 So.2d 484, 486 (Fla. 2d DCA 2008); Negron v. State, 938 So.2d 650, 651-52 (Fla. 4th DCA 2006). We, therefore, reverse P.W.'s conviction for assault...

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