V.C. v. STATE

No. 3D10-350.

63 So.3d 831 (2011)

V.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Michael T. Davis , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Nikole Hiciano , Assistant Attorney General, for appellee.

Before SUAREZ, CORTIÑAS, and ROTHENBERG, JJ.


ROTHENBERG, J.

V.C. appeals an order withholding adjudication of delinquency and placing her on one year probation for felony battery. Because felony battery is not a category one, necessarily lesser included offense of aggravated battery with a deadly weapon, and the charging document failed to allege the requisite elements of felony battery, we reverse.

The State filed a petition for delinquency alleging that V.C. committed an aggravated battery by using...

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