IN THE INTEREST OF R.L.K., A CHILD, PETITIONER,
v.
HONORABLE ALCEE L. HASTINGS, RESPONDENT
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A juvenile court improperly granted an extension of the adjudicatory hearing deadline in a delinquency case without adequate justification under the speedy trial rule. The appellate court issued a writ of prohibition to prevent further proceedings and ordered the child discharged because the state failed to diligently prepare and the extension was based on the unavailability of witnesses the prosecution should have secured.
The court held that the extension was improper because the state failed to demonstrate that the interests of justice would be served and because lack of diligent preparation and failure to obtain available witnesses are explicitly prohibited grounds for extension under the speedy trial rule. The child must be discharged.
[1] An extension of an adjudicatory hearing in juvenile proceedings is improper when granted for an insubstantial reason and without a proper showing that the interests of ju…
[2] Lack of diligent preparation, failure to obtain available witnesses, or other avoidable or foreseeable delays do not constitute grounds for extending the time for a juven…
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Join FLexlaw to unlock all legal intelligence“lack of diligent preparation, or failure to obtain available witnesses, or other avoidable or foreseeable delays shall not constitute grounds for such extension.”
The rule explicitly prohibiting the grounds on which the state sought the extension in this case
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Join FLexlaw to unlock all legal intelligenceThe state attorney requested an extension of the adjudicatory hearing in a juvenile delinquency case, stating that while they had the victim, they lac…
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DAUKSCH, Judge.
Petitioner seeks our Writ of Prohibition to prevent further proceedings pursuant to the petition alleging his delinquency. We grant the petition because we have determined from the record an extension of the adjudicatory hearing was granted for an insubstantial reason. It was done without a proper showing the interests of justice would be served by extending the time for the hearing beyond the time mandated by the speedy trial rule governing juvenile proceedings. Fla.R.Juv.P. 8.180. In fact the only reason the state attorney requested the extension was because “ . . .we have the victim-but we don’t have the two other witnesses who I believe would bolster the officer’s testimony.” There is an indication in the transcript of the hearing on the oral motion for extension that the prosecutor expected the witnesses to come, the court allowed “another fifteen minutes” and when they did not appear, granted the extension. The Rule, Fla.R.Juv.P. 8.180(c), specifically says “ ‘lack of diligent preparation, or failure to obtain available witnesses, or other avoidable or foreseeable delays shall not constitute grounds for such extension.’ ” K.M. v. Baker, 366 So. 2d 133 (Fla. 4th DCA 1979).
There was no written motion for the extension of time for the final hearing but in the transcript of the proceedings where the extension was sought it is readily apparent the state could have been prepared for the hearing by requiring the appearance of the witnesses. The state failed in that respect and failed to set out adequate reasons to be excused, thereby failing to establish how the interests of justice would be served by the requested extension. State v. J.H., 295 So. 2d 698 (Fla. 1st DCA 1974).
This cause is remanded with directions to discharge the child.
ANSTEAD and BERANEK, JJ., concur.
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Citator
Cited By
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Luchina v. The Honorable Howard C. Berman, 555 So. 2d 939 (Fla. 4th DCA 1990)…y court record reflects that the state failed to . establish sufficient grounds to extend the time within which appellant was entitled to be brought to trial under Rule 3.191(d)(2), Florida Rules of Criminal Procedure (1987). See R.L.K. v. Hastings, 370 So. 2d 1233 (Fla. 4th DCA 1979); Watts v. State, 516 So. 2d 346 (Fla. 3d DCA 1987). ANSTEAD, WALDEN and POLEN, JJ., concur.…
Authorities Cited
- State v. In the Interest of J. H., 295 So. 2d 698 (Fla. 1st DCA 1974)
- In the Interest of K. M. v. Honorable Joseph Baker, 366 So. 2d 133 (Fla. 4th DCA 1979)