L.G.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Finding no error in the trial court’s denial of defendant’s motion to dismiss the amended petition, we affirm the adjudication of delinquency. The amended petition was filed after the expiration of the forty-five day filing period and merely substituted the correct name of the victim of the alleged offenses; it did not substantially alter the initial petition. Because the initial petition adequately informed defendant of the charges, we hold that the timely filing of the initial petition tolled the statutory filing period. State v. D.I., 474 So. 2d 408 (Fla. 4th DCA 1985); see Rubin v. State, 390 So. 2d 322 (Fla.1980); State v. Garofalo, 453 So. 2d 905 (Fla. 4th DCA 1984). Contra J.H. v. State, 424 So. 2d 928 (Fla. 1st DCA 1983).
Affirmed.
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M.F. v. State, 583 So. 2d 1383 (Fla. 1991)…or in naming the “wrong victim” of a burglary.7 District courts reached conclusions contrary to these cases in State v. D.I., 474 So. 2d 408 (Fla. 4th DCA), opinion withdrawn on other grounds, 477 So. 2d 71 (Fla. 4th DCA 1985), and L.G.R. v. State, 485 So. 2d 13 (Fla. 3d DCA 1986). In D.I., the state’s timely-filed initial petition alleged that D.I. committed a petit theft from a Winn Dixie store, but the state amended the petition after the filing period elapsed to change the name of the alleged victim to…
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State v. T.A., 528 So. 2d 974 (Fla. 2d DCA 1988)…ring worthless check, amended information containing new description of subject check alleged different criminal act, and should have been dismissed for failure to comply with statute of limitations). Although the state relies upon L.G.R. v. State, 485 So. 2d 13 (Fla. 3d DCA 1986), that case does not disclose the nature of the charge against the accused. Moreover, if the accused in L.G.R. was charged with a crime against property, the opinion does not indicate whether the charging document sufficiently desc…
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In the Interest of B.T. v. State, 573 So. 2d 101 (Fla. 1st DCA 1991)…ent than the one for which he had been originally charged. See also, W.G.K. v. State, 565 So. 2d 885 (Fla. 1st DCA 1990). Cases from other courts have come to a contrary conclusion. State v. D.J., 474 So. 2d 408 (Fla. 4th DCA 1985); L.G.R. v. State, 485 So. 2d 13 (Fla. 3d DCA 1986); State v. M.M., 557 So. 2d 217 (Fla. 2d DCA 1990); M.F. v. State, 563 So. 2d 171 (Fla. 3d DCA 1990). . At the adjudicatory hearing, the state attempted to file the second amendment to the delinquency petition to reconcile the bod…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murray Rubin v. State, 390 So. 2d 322 (Fla. 1980)
- State v. Garofalo, 453 So. 2d 905 (Fla. 4th DCA 1984)
- J.H. v. State, 424 So. 2d 928 (Fla. 1st DCA 1983)
- State v. In the Interest of D.I., 474 So. 2d 408 (Fla. 4th DCA 1985)