S.G. v. State

Full title: S.G., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 23, 1996

678 So. 2d 495 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-215.

August 23, 1996.

Appeal from the Circuit Court for Orange County; Charles N. Prather, Judge.

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The state has correctly conceded error in the lower court's refusal to permit closing argument in the delinquency proceeding below based on Herring v. New York, 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975). See also M.E.F. v. State, 595 So.2d 86 (Fla. 2d DCA 1992). We agree with appellant that the adjudications for both the charge of sale of a counterfeit controlled substance and the violations of community control must be reversed due to this error.

REVERSED and REMANDED.

DAUKSCH, HARRIS and GRIFFIN, JJ., concur.