IN THE INTEREST OF C.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IN THE INTEREST OF C.R., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
599 So. 2d 248
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.
We recently held section 39.061, Florida Statutes (Supp.1990) unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P. Accordingly, appellant’s adjudication of delinquency is hereby reversed and this matter is remanded to the lower tribunal with instructions to discharge appellant.
SMITH, BARFIELD and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. The Honorable Steve D. Levine, 655 So. 2d 1258 (Fla. 3d DCA 1995)…tate v. Del Rey, 643 So. 2d at 1146, its pendency in the criminal division renders it inappropriate and improper for any judge but the individual presiding over the criminal proceeding itself to rule upon the issues presented. See Iglesias v. State, 599 So. 2d 248 (Fla. 3d DCA 1992); Johnson v. State, 379 So. 2d 704 (Fla. 3d DCA 1980), cert, denied, 388 So. 2d 1114 (Fla.1980); State v. D.R.S., 344 So. 2d 317 (Fla. 1st DCA 1977). See generally State v. Gary, 609 So. 2d 1291, 1294 (Fla.1992) (“the interests of…
Authorities Cited
- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)