This section contains the nature of the case and procedural background.

Tyvonne (D), an 8-year-old child, found a pistol while playing in a schoolyard. Tyvonne hid the gun and then showed it to friends of his at school. Several of his friends said that the gun was a toy and one child challenged Tyvonne. The child said 'Shoot me, shoot me' to prove that the gun was a toy. Tyvonne shot the other child, and she was injured. Tyvonne was then taken into police custody. The state (P) then filed a petition against Tyvonne that alleged delinquent behavior. This was not a criminal charge but was meant to protect the child and to give him a new direction in life. The trial court found that Tyvonne committed assault and was delinquent. Tyvonne was committed to Youth Services for a maximum of four years. Tyvonne now appeals and claims that he should have been allowed to use the defense of infancy.

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