State of Florida v. J.C., a child, 141 So. 3d 756 (Fla. 4th DCA 2014). · Go Syfert
State of Florida v. J.C., a child, 141 So. 3d 756 (Fla. 4th DCA 2014). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: State of Florida v. A.M., a child (fladistctapp, 2015-10-07)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) State of Florida v. A.M., a child
Fla. Dist. Ct. App. · 2015 · confidence medium
See § 985.0301(6), Fla. Stat. (2013); State v. J.C., 141 So.3d 756, 757 (Fla. 4th DCA 2014); State v. W.D., 112 So.3d 702, 703 (Fla. 4th DCA 2013).
cited Cited as authority (rule) State of Florida v. T.L., a child
Fla. Dist. Ct. App. · 2015 · confidence medium
See § 985.0301(6), Fla. Stat. (2013); State v. J.C., 141 So.3d 756, 757 (Fla. 4th DCA 2014); State v. W.D., 112 So.3d 702, 708 (Fla. 4th DCA 2013).
cited Cited "see" State v. K.M.
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See State v. J.C., 141 So.3d 756, 757 (Fla. 4th DCA 2014); State v. W.D., 112 So.3d 702, 704 (Fla. 4th DCA 2013).
cited Cited "see" State of Florida v. K.M., a child
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See State v. J.C., 141 So. 3d 756, 757 (Fla. 4th DCA 2014); State v. W.D., 112 So. 3d 702, 704 (Fla. 4th DCA 2013).
Retrieving the full opinion text from the archive…
STATE of Florida, Appellant,
v.
J.C., a Child, Appellee
4D12-4176.
District Court of Appeal of Florida, Fourth District.
Jul 9, 2014.
141 So. 3d 756
Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine Germanowiez, Assistant Attorney General, West Palm Beach, for appellant., Carey Haughwout, Public Defender, and Karen Ehrlich, Assistant Public Defender, West Palm Beach, for appellee.
Damoorgian, Forst, Hanzman, Michael.
Cited by 8 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: District Court of Appeal of Fl… (2)
DAMOORGIAN, C.J.

In this appeal, the State challenges the trial court’s order dismissing its petition for delinquency. We reverse and hold that the trial court impermissibly relied on section 985.0301(6), Florida Statutes (2011), to dismiss the petition before the adjudicatory hearing. See State v. W.D., 112 So.3d 702, 703 (Fla. 4th DCA 2013).

By way of background, the State filed a delinquency petition against J.C. in August of 2011, based on allegations that he punched another student in the school cafeteria. At the hearing on the petition more than a year later, the State informed the court that J.C. was living at a family shelter in New York. Defense counsel moved to dismiss the petition pursuant to section 985.0301(6), which permits the court “at any time [to] enter an order ending its jurisdiction over any child.” See § 985.0301(6), Fla. Stat. (2011). The trial court granted the motion over the State’s objection and dismissed the delinquency petition.

On appeal, the State argues that the trial court erred in dismissing the petition pursuant to our holding in W.D., 112 So.3d 702. There, we held that section 985.0301(6) allows the trial court to end its jurisdiction over a child only after the initial adjudicatory hearing. Id. at 704. The public defender concedes error based on W.D. Accordingly, we hold that the trial court impermissibly relied on section 985.0301(6) to terminate its jurisdiction over J.C. and “put an end to the prosecution before the case ever reache[d] adjudication on the merits.” See id. By dismissing the delinquency petition, the trial court violated the separation of powers doctrine by encroaching on the state attorney’s absolute authority to decide where and how to prosecute this case. See id. at 704-05. Thus, we reverse and remand the trial court’s order dismissing the State’s delinquency petition.

Reversed and Remanded.

FORST, J„ and HANZMAN, MICHAEL, Associate Judge, concur.