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A.M.O. v. STATE

No. 4D10-2418.

67 So.3d 420 (2011)

A.M.O., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Patrick B. Burke , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.

CONNER, J.

A.M.O. appeals a withheld adjudication of delinquency after being found guilty of loitering and prowling. He claims the trial court erred in denying his motion for judgment of dismissal. We reverse, holding that A.M.O.'s conviction cannot stand based on the application of the last sentence of section 856.021(2), Florida Statutes (2009).

The offense allegedly occurred on November 19, 2009. On that date, Detective James Gibbons was in the area of...

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