State v. V.R

Full title: STATE OF FLORIDA, Appellant, v. V.R., A Child, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 11, 2004

866 So. 2d 1248 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D02-2759.

Opinion filed February 11, 2004.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Robert Collins, Judge, L.T. Case No. 01-11737DL10A.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Eunice T. Baros, Assistant Public Defender, West Palm Beach, for appellee.

MAY, J.

The State appeals an order granting the defendant's motion for discharge. It argues that the trial court misapplied Florida Rule of Juvenile Procedure 8.090 (the juvenile speedy trial rule) to the facts of this case. Based upon this court's recent en banc decision in C.D. v. State, No. 4D 02-2759, 2004 WL 86327 (Fla. 4th DCA Jan. 21, 2004), we agree and reverse for reinstatement of the charges against V.R.¹

1 We are aware that at the time of the ruling, this court had not issued its opinion in C.D., which receded from case law relied upon by the trial court.

REVERSED.

FARMER, C.J., and SHAHOOD, J., concur.