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C.M. v. STATE

No. 3D11-2214.

89 So.3d 1055 (2012)

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

District Court of Appeal of Florida, Third District.

May 30, 2012.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Joanne Diez , Assistant Attorney General, for appellee.

Before LAGOA, SALTER, and FERNANDEZ, JJ.

PER CURIAM.

C.M., a juvenile, appeals an order adjudicating him delinquent on a charge of petit theft of property worth less than $100, and placing him on juvenile probation. The testimony by the State's witness (a Wal-Mart loss prevention officer) and by C.M. is identical to the extent that C.M. actually paid for the merchandise in question.1 The State failed to overcome the defense of payment by introducing competent evidence to establish...

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