STATE OF FLORIDA, APPELLANT,
v.
P.S., A CHILD, APPELLEE
STATE OF FLORIDA, APPELLANT,
P.S., A CHILD, APPELLEE
587 So. 2d 672
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PETERSON, Judge.
The state appeals the trial court’s dismissal of a delinquency petition charging a juvenile with a second-degree misdemean-or. The juvenile, a citizen of Argentina, failed to appear for trial, and the state requested a statewide custody order which would allow custodial detention if the child should return to this country. In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney. State v. S.C., 558 So. 2d 522 (Fla. 5th DCA 1990). We reverse the dismissal and remand for issuance of the statewide custody order requested by the state.
REVERSED and REMANDED.
W. SHARP and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013)…1179 (Fla. 2d DCA 1999) (reversing dismissal of delinquency case precipitated by State’s failure to serve summons because, in dismissing the case, “the trial court exceeded its bounds and encroached upon the prosecutor’s authority”); State v. P.S., 587 So. 2d 672, 672 (Fla. 5th DCA 1991) (holding trial court’s dismissal of case after the child, an Argentinean citizen, failed to appear for arraignment encroached upon State’s prose-cutorial authority). Reversed and Remanded. CIKLIN and GERBER, JJ., concur.…
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Fla. Dep't OF Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012)…ched upon prosecutor's authority); Simms v. State, Dep’t of Health & Rehab. Servs., 641 So. 2d 957, 960 (Fla. 3d DCA 1994) (The separation of powers clause prohibits unlawful encroachment by one branch upon powers of another branch.); State v. P.S., 587 So. 2d 672, 672 (Fla. 5th DCA 1991) ("In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney.”); Dep't of Health & [*1143] Rehab. Servs. v. Brooke, 573 So. 2d 363, 370 (Fla. 1st DCA 199…
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State v. D.D.B., 737 So. 2d 1178 (Fla. 2d DCA 1999)…1998); A.M.W. v. Portesy, 714 So. 2d 1170 (Fla. 2d DCA 1998). In taking the additional step of dismissing the case on its own motion, however, the trial court exceeded its bounds and encroached upon the prosecutor’s authority. See State v. P. S., 587 So. 2d 672 (Fla. 5th DCA 1991). Accordingly, the order of dismissal must be reversed. CAMPBELL, A.C.J., and SALCINES, J., Concur.…
Authorities Cited
- State v. S.C., 558 So. 2d 522 (Fla. 5th DCA 1990)