11-5899 A.P., A CHILD, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-5899

Case Date: 06/14/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA A. P., A CHILD, Appellant, v. STATE OF FLORIDA , Appellee. _____________________________/ Opinion filed June 14, 2012. An appeal from the Circuit Court for Union County. Elzie S. Sanders, Judge. Nancy A. Daniels, Public Defender, and Archie F. Gardner, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General; Donna A. Gerace and Angela R. Hensel, Assistant Attorneys General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-5899

PER CURIAM. In this appeal, A.P. argues that the trial court erred in denying the defense motions for continuance and new trial which were based on the inability of A.P.'s mother to attend the adjudicatory hearing due to her hospitalization. The state

properly concedes error.

We, therefore, reverse the order adjudicating A.P.

delinquent and remand for a new hearing. See J.R. v. State, 923 So. 2d 1269 (Fla. 1st DCA 2006). REVERSED AND REMANDED. WOLF, ROWE, and SWANSON, JJ., CONCUR.

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