STATE OF FLORIDA, APPELLANT,
v.
C.J.A., A CHILD, APPELLEE
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The State appealed a trial court's dismissal of a delinquency petition against a juvenile for criminal mischief on timeliness grounds. The appellate court reversed, holding that the 45-day filing deadline under Florida law began when the child was arrested for the specific offense, not when he was already in custody for other unrelated offenses at the time of interview.
The petition was timely filed. The child was not 'taken into custody' for purposes of the 45-day statutory deadline on December 9, 1992, when he was already in detention for other offenses and merely interviewed about the criminal mischief. Custody for the statute's purposes begins when the child is arrested for the specific offense at issue, which occurred when the affidavit and petition were filed.
[1] A child taken into custody for unrelated offenses is not considered "taken into custody" for the purpose of the forty-five day filing deadline for a delinquency petition…
[2] A delinquency petition must be dismissed with prejudice if not filed within 45 days after the child is taken into custody, unless an extension is granted for cause.
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Join FLexlaw to unlock all legal intelligence“a petition alleging delinquency shall be dismissed with prejudice if it is not filed within 45 days after the date the child is taken into custody”
Statement of the statutory requirement governing the timeliness of delinquency petitions
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Join FLexlaw to unlock all legal intelligenceOn December 9, 1992, a Pasco County Deputy Sheriff interviewed C.J.A., who was detained at the Pasco County Juvenile Detention Center for unrelated of…
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PER CURIAM.
The state has appealed a trial court order dismissing a petition alleging that the appel-lee, C.J.A., was a delinquent child because he had committed criminal mischief. We find that the trial court erred by finding that the petition had been untimely filed and dismissing it with prejudice. We, accordingly, reverse.
On December 9, 1992, a Pasco County Deputy Sheriff interviewed the appellee about an incident involving criminal mischief. At the time of the interview, the appellee was in the Pascó County Juvenile Detention Center because of other unrelated offenses. On January 8, 1993, an affidavit setting forth probable cause that the appellee had committed criminal mischief was filed, and on January 27,1993, the state filed a petition alleging that the appellee was delinquent by reason of committing that act. The appellee filed a motion to dismiss the petition on the ground that it had not been filed within forty-five days of the date he was taken into custody. The trial court granted the appellee’s motion and entered an order dismissing the petition with prejudice. This timely appeal followed.
Section 39.048(6), Florida Statutes (1991), provides: “[A] petition alleging delinquency shall be dismissed with prejudice if it is not filed within 45 days after the date the child is taken into custody. The court may grant an extension of time not exceeding an additional 15 days for cause, upon motion by the state attorney.” The state does not contend that the time for filing was properly extended, but takes the position that the appellee was not taken into custody for the purpose of section 39.048(6) when he was interviewed on December 9, 1992, and therefore, the petition was filed within the forty-five day period. We agree with the state’s position.
When the deputy sheriff interviewed the appellee on December 9, 1992, the appellee was in custody at the detention center for unrelated offenses. The appellee, after having his Miranda rights read to him, agreed to speak with the deputy and confessed to the criminal mischief. The appellee was not arrested for this misdemeanor, which was not committed in the presence of the deputy, either before, during, or immediately after his confession. He was not arrested on the criminal mischief charge until the affidavit and petition were filed and was, therefore, not placed into custody for purposes of the statute at the time he was interviewed. S.V. v. State, 560 So. 2d 402 (Fla. 4th DCA 1990). The petition was, accordingly, filed within the forty-five day period required by the statute, and the trial court erred by dismissing it. We, accordingly, reverse and remand for further proceedings consistent herewith.
Reversed and remanded.
FRANK, C.J., and DANAHY and SCHOONOVER, JJ., concur.
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Citator
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T.B. v. State, 669 So. 2d 1085 (Fla. 4th DCA 1996)…d on this record: former section 39.048(6), Florida Statutes, required that a petition be filed within 45 days of a juvenile being taken into custody, but we cannot determine here precisely when Appellant was taken into custody. Cf. State v. C.J.A., 629 So. 2d 300 (Fla. 2d DCA 1993); State v. D.B.C., 413 So. 2d 455, 457 (Fla. 5th DCA), dismissed, 419 So. 2d 1196 (Fla.1982). Therefore, the adjudication and commitment are affirmed. [*1087] GUNTHER, C.J., and GLICKSTEIN, DELL, WARNER, POLEN, FARMER, KLEIN, PARI…
Authorities Cited
- In the Interest of S.V., 560 So. 2d 402 (Fla. 4th DCA 1990)