Opinion
No. 81-1873.
July 20, 1982.
Appeal from the Circuit Court for Dade County, Ralph B. Ferguson, Jr., J.
Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.
Before BARKDULL, HENDRY and BASKIN, JJ.
Once a trial judge enters an order granting a motion for judgment of acquittal in a juvenile proceeding for failure of the state to establish the proof to support a petition of delinquency it lacks the jurisdiction to entertain a motion to reinstate proceeding. Therefore, the adjudication of delinquency herein under review be and the same is hereby reversed with directions to discharge the appellant.
Reversed and remanded with directions.