R.R.K. v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005 R.R.K., A CHILD, Appellant, v. Case No. 5D04-1437 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 29, 2005 Appeal from the Circuit Court for Marion County, Carven D. Angel, Judge. James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM AFFIRMED. See S.S.M. v. State, 898 So. 2d 84 (Fla. 5 th DCA 2004). PLEUS, C.J., and THOMPSON, J., concur. SAWAYA, J., concurs and concurs specially, with opinion. Case No. 5D04-1437 SAWAYA, J., concurring specially. I reluctantly agree with the majority based on this court s opinion in S.S.M. v. State, 898 So. 2d 84 (Fla. 5th DCA 2004). However, I fully agree with Judge Sharp s specially concurring opinion in V.K.E. v. State , 30 Fla. L. Weekly D1351 (Fla. 5th DCA May 27, 2005), that our decision in S.S.M. was wrongly decided.
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