
    C.E.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 3D02-3142.
    District Court of Appeal of Florida, Third District.
    Jan. 21, 2004.
    Rehearing Denied April 28, 2004.
    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. See A.A. v. State, 461 So.2d 165 (Fla. 3d DCA 1984).

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).  