B.B. v. STATE

No. 3D11-1709.

86 So.3d 1216 (2012)

B.B., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 2, 2012.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Assistant Public Defender, and Danielle J. Graziano and Kyle B. Teal , Certified Legal Interns, for appellant.

Pamela Jo Bondi , Attorney General, and Nicholas Merlin , Assistant Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ.


WELLS, Chief Judge.

B.B. appeals from a determination of delinquency on one count of battery. See § 784.03, Fla. Stat. (2010). For the following reasons, we reverse.

The victim of this crime, Sharon Austin, is the mother of the defendant, seventeen year old B.B., and nineteen-month old T.Y. The day of the incident, Austin and B.B. argued, prompting B.B. to leave home and not return until 11:30 p.m. While B.B. was gone, Austin attempted to enter...

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