IN THE INTEREST OF W.G.K., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Adjudication Of Delinquency cases and more on FLexlaw
PER CURIAM.
This is an appeal from an adjudication of delinquency for the offense of battery. Appellant contends that the trial court erred in denying his motion to dismiss because the amended petition was not filed within 45 days from the date he was taken into custody as required by Section 39.-05(6), Florida Statutes. We agree and reverse.
Although the original petition was filed within the 45-day period, the state had alleged the wrong victim and filed the amended petition changing the name of the victim. The filing of the amended petition after the 45-day period is violative of the above statute. As the state has conceded in its brief, this case is controlled by J.H. v. State, 424 So. 2d 928 (Fla. 1st DCA 1983), and the appellant is entitled to reversal.
Accordingly, we reverse and remand with directions to discharge the appellant.
NIMMONS, ALLEN and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
M.F. v. State, 583 So. 2d 1383 (Fla. 1991)…ce of the opinion. Assuming that the decision in J.H. turned on the fact that two different crimes had been alleged by naming the “wrong victim,” we approve that decision. For the same reason and with the same qualification, we approve In re W.G.K., 565 So. 2d 885 (Fla. 1st DCA 1990), review denied, 576 So. 2d 291 (Fla.1991), which relied on J.H. to hold that the state cannot amend a delinquency petition after the statutory period elapses to correct its error in naming the “wrong victim” of a burglary.7 Dist…
-
In the Interest of B.T. v. State, 573 So. 2d 101 (Fla. 1st DCA 1991)…ellant argues that his case is even more compelling than T.R. or J.H. because the amendments in his case did allege that he had committed a statutory offense different 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, 5…
Authorities Cited
- J.H. v. State, 424 So. 2d 928 (Fla. 1st DCA 1983)