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T.V.W. v. STATE

No. 2D09-3145.

60 So.3d 1178 (2011)

T.V.W., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 20, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Judith Ellis , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

T.V.W. appeals the trial court's order withholding adjudication and placing him on probation for battery. The State correctly concedes that the trial court erred in finding T.V.W. guilty of battery as a permissive lesser-included offense to the charge of attempted robbery where the elements of the crime of battery were not charged in the petition for delinquency. N.H.M. v. State, 974 So.2d 484, 486 (Fla. 2d...

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