THE STATE OF FLORIDA, APPELLANT,
v.
K.L., A JUVENILE, APPELLEE
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The court held that a trial court cannot sua sponte dismiss a case by interfering with prosecutorial discretion, especially when no motion to dismiss has been filed.
The State filed a petition for delinquency against a juvenile for petit theft. The juvenile was not arraigned or entered a plea. The court sua sponte …
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PER CURIAM.
Appellant, the State of Florida, appeals the sua sponte dismissal of this ease by the court, asserting that the dismissal was unwarranted. We agree and reverse.
The State filed a petition for delinquency charging the juvenile with one count of petit theft. The juvenile was neither arraigned nor entered a plea to the charge, in violation of Florida Rule of Juvenile Procedure 8.070. No motion to dismiss, either sworn or un-sworn, had been made by the juvenile under Florida Rule of Juvenile Procedure 8.085.
Several months later, the court sua sponte disposed of the ease. Over the State’s objection, the court issued a judicial warning even though the juvenile was not present in court. The net effect was a dismissal of the charge.
Here, as in State v. Stewart, 554 So. 2d 620, 621 (Fla. 3d DCA 1989), “the trial court interfered with the exercise of prosecutorial discretion in determining that the case was not appropriate for prosecution.” The law is well settled that once the prosecutor has determined that a particular case should be prosecuted, it then becomes the responsibility of the trial court to adjudicate only those issues properly placed before the court. Id.
The trial court’s order, despite its label, was an order dismissing the charge in the petition for delinquency. See State v. Hankerson, 482 So. 2d 1386 (Fla. 3d DCA 1986) (order reducing charge of robbery to theft on ground that facts did not support robbery prosecution was an order dismissing the charge). Accordingly, we reverse and remand for further proceedings.
Reversed and remanded.
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State v. Trisha Nicole Bonnett, 985 So. 2d 1194 (Fla. 3d DCA 2008)…State v. D.W., 821 So. 2d 1179, 1180 (Fla. 3d DCA 2002) (“The trial court may adjudicate only those issues or questions which are properly placed before the court, such as occurs when the defendant files a sworn motion to dismiss. See State v. K.L., 626 So. 2d 1027 (Fla. 3d DCA 1993); State v. Stewart, 554 So. 2d 620 (Fla. 3d DCA 1989).”). Accordingly the order under review is reversed and this matter is remanded for further proceedings consistent herewith.…
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State v. D.W., 821 So. 2d 1179 (Fla. 3d DCA 2002)…not be prosecuted. See State v. Earl, 545 So. 2d at 416. The trial court may adjudicate only those issues or questions which are properly placed before the court, such as occurs when the defendant files a sworn motion to dismiss. See State v. K.L., 626 So. 2d 1027 (Fla. 3d DCA 1993); State v. Stewart, 554 So. 2d 620 (Fla. 3d DCA 1989). Hence, a juvenile delinquency proceeding may not be dismissed sua sponte, over the State’s objection, without giving the State an opportunity to present evidence. See State v.…
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Authorities Cited
- State v. Hankerson, 482 So. 2d 1386 (Fla. 3d DCA 1986)
- Quevedo v. State, 554 So. 2d 620 (Fla. 3d DCA 1989)