
    STATE of Florida, Appellant, v. B.E., a child, Appellee.
    No. 4D03-4728.
    District Court of Appeal of Florida, Fourth District.
    Dec. 15, 2004.
    Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellant.
    Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellee.
   PER CURIAM.

The state appeals the order dismissing the petition for delinquency on speedy trial grounds without providing the state the benefit of the ten-day recapture period. We reverse, as the juvenile concedes error based on our recent decision in C.D. v. State, 865 So.2d 605 (Fla. 4th DCA 2004)(en banc).

REVERSED and REMANDED.

STONE, TAYLOR and HAZOURI, JJ., concur.  