State v. JC, 677 So. 2d 959 (Fla. 2d DCA 1996). · Go Syfert
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State v. JC, 677 So. 2d 959 (Fla. 2d DCA 1996). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: In Re Thomas J. (md, 2002-11-19)
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discussed Cited as authority (rule) In Re Thomas J. (2×)
Md. · 2002 · confidence medium
See Berryman v. State, 94 Md.App. 414 , 617 A.2d 1120 (1993). [3] People In the Interest of M.T. 950 P.2d 669, 670-71 (Colo.App.1997) ("the juvenile court may retain jurisdiction over a juvenile until all orders have been fully complied with by such person, or any pending cases have been completed, or the statute of limitations applicable to any offense which may be charged has run, regardless of whether such person has attained the age of eighteen years, and regardless of the age of such person"); State v. J.C., 677 So.2d 959, 960 (Fla Dist.App. 2nd Dist.1996); State v. Gammon, 519 A.2d 721, …
STATE of Florida, Appellant,
v.
J.C., a Child, Appellee.
95-04399.
District Court of Appeal of Florida, Second District.
Jul 31, 1996.
677 So. 2d 959
Campbell.
Published

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellee.

CAMPBELL, Acting Chief Judge.

The state appeals the order of the trial court granting appellee's motion to dismiss the delinquency petition filed against him. We agree with the state that the trial court erred in dismissing the petition and reverse.

A petition alleging delinquency was filed in June 1995 based on an alleged battery that had been committed by appellee in November 1994. In his motion to dismiss the delinquency petition, appellee argued that he was prejudiced by the late filing of the petition since he was unaware of the charge until April 1995 and could not provide an alibi or the names of witnesses to the incident. Appellee also alleged prejudice in that the parents[*960] of two of his witnesses were reluctant to bring their children to testify because of the delay.

Since appellee was never "taken into custody" within the meaning of section 39.01(51), Florida Statutes (1993), and the delinquency petition was filed approximately seven months after the incident, well within the two-year statute of limitations for battery, we decline to hold that appellee was so prejudiced by a seven-month delay in filing to justify dismissal.[1] Accordingly, we reverse the order of dismissal and remand with directions to reinstate the petition.

SCHOONOVER and BLUE, JJ., concur.

1 While not pertinent to our holding in this case, we would observe that the legislature repealed section 39.048(6), Florida Statutes (1991), providing for dismissal if a delinquency filing did not occur within forty-five days of a juvenile being taken into custody. Ch. 93-230, § 14, Laws of Fla. (1993).