Y.S. v. State

Y.S. appeals from an order of delinquency. For the following reason, we reverse.

Y.S. was charged with misdemeanor battery under section 784.03, Florida Statutes (1991). Y.S. appeared for a sounding before the trial court on April 21, 1992. During the adjudicatory hearing on June 25, the prosecution announced that it would nolle prosequi as the victim had failed to appear. Shortly thereafter, the victim appeared and the trial judge allowed the prosecution to rescind its nolle prosequi. Y.S. entered a plea of no contest and reserved the right to appeal the granting of the motion to rescind the…