C.E.M. V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 C.E.M., a juvenile, Appellant, ** ** vs. ** CASE NO. 3D02-3142 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 02-4210 Appellee. ** Opinion filed January 21, 2004. An Appeal from the Circuit Court for Dade County, Lester Langer, Judge. Bennett H. Brummer, Public Defender and Billie Jan Goldstein, for appellant. Charles J. Crist, Jr., Attorney General and Fredericka Sands, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and WELLS, JJ. PER CURIAM. Affirmed. 1984). See A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA C.E.M., a juvenile v. The State of Florida Case No. 3D02-3142 COPE, J. (dissenting). The State did not make out a proper case under A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA 1984). I would reverse on authority of L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990), and Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989); see also State v. Pennington, 534 So. 2d 393, 395-96 (Fla. 1988).

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