
    M. P., a juvenile, Appellant, v. The STATE of Florida, Appellee.
    No. 73-127.
    District Court of Appeal of Florida, Third District.
    Oct. 16, 1973.
    Rehearing Denied Nov. 20, 1973.
    Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, and Kurt Marmar, Legal Intern, for appellant.
    Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appel-lee.
    Before PEARSON, and CHARLES CARROLL AND HENDRY, JJ.
   PER CURIAM.

The appellant, a juvenile, was charged as a delinquent upon the basis of his alleged participation in the breaking and entering of a store with intent to commit larceny. His trial was held before a referee pursuant to Chapter 20808, Laws of Florida, 1941. The appellant was represented by a public defender who offered no objection to the procedure. Nevertheless, on this appeal the appellant contends that the failure to grant him a trial before the court was fundamental error. We agree and reverse upon authority of our holding in K. M. v. State, Fla.App.1973, 277 So.2d 577.

Reversed and remanded for a new trial.  