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D.S. v. State

District Court of Appeal of Florida, Third District
Jun 22, 1993
619 So. 2d 528 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2667.

June 22, 1993.

An appeal from the Circuit Court for Dade County; Gisela Cardonne, Judge.

Bennett H. Brummer, Public Defender, and Julio C. Esquivel, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and GODERICH, JJ.


Upon a review of the record as well as the state's confession of error, we reverse the juvenile's adjudication of delinquency for conviction of possession of marijuana, pursuant to section 893.13, Florida Statutes (1991). This adjudication must be reversed because although the substance was available for introduction into evidence at the hearing, no effort was made to do so. Based upon the decisions of G.E.G. v. State, 417 So.2d 975 (Fla. 1982); Trinidad v. State, 615 So.2d 806 (Fla. 3d DCA 1993), the adjudication of delinquency is reversed.

Reversed and remanded.


Summaries of

D.S. v. State

District Court of Appeal of Florida, Third District
Jun 22, 1993
619 So. 2d 528 (Fla. Dist. Ct. App. 1993)
Case details for

D.S. v. State

Case Details

Full title:D.S., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 22, 1993

Citations

619 So. 2d 528 (Fla. Dist. Ct. App. 1993)