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D.C. v. State

District Court of Appeal of Florida, Fourth District
Feb 20, 2002
807 So. 2d 198 (Fla. Dist. Ct. App. 2002)

Summary

finding that juvenile's motion to dismiss should have been granted where, despite the fact that juvenile was in custody of Department of Juvenile Justice, the State delayed in serving him and, as a result of the State's delay, juvenile was not arraigned until forty-three days after expiration of the ninety-day speedy trial period

Summary of this case from State v. D.L

Opinion

Case No. 4D01-2909

Opinion filed February 20, 2002

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case No. 01-000638-DL00A.

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


We reverse the delinquency disposition order withholding adjudication and placing Appellant on probation. Appellant, as a result of the state's delay in serving him, was not arraigned until forty three (43) days after expiration of the ninety (90) day speedy trial period allotted from the date of his arrest. During that time, he was in the custody of the Department of Juvenile Justice. The state acknowledges that it was error to deny Appellant's motion to dismiss. R.K. v. State, 778 So.2d 1098 (Fla. 4th DCA 2001); Fla. R. Juv. P. 8.090.

We remand with direction to vacate the order and for discharge Appellant accordingly.

STONE, WARNER, and FARMER, JJ., concur.


Summaries of

D.C. v. State

District Court of Appeal of Florida, Fourth District
Feb 20, 2002
807 So. 2d 198 (Fla. Dist. Ct. App. 2002)

finding that juvenile's motion to dismiss should have been granted where, despite the fact that juvenile was in custody of Department of Juvenile Justice, the State delayed in serving him and, as a result of the State's delay, juvenile was not arraigned until forty-three days after expiration of the ninety-day speedy trial period

Summary of this case from State v. D.L
Case details for

D.C. v. State

Case Details

Full title:D.C., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 20, 2002

Citations

807 So. 2d 198 (Fla. Dist. Ct. App. 2002)

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