STATE OF FLORIDA, APPELLANT,
v.
D.D.B., A CHILD, APPELLEE
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The trial court erred by dismissing a criminal mischief charge on its own motion, thereby encroaching upon the prosecutor's authority.
The State was unable to serve a summons on the juvenile defendant, suspecting the family had moved. The prosecutor requested a pickup order, which the…
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BENNETT, ROBERT B., Jr., Associate Judge.
The State of Florida has appealed an order of the trial court dismissing a criminal mischief charge against the juvenile defendant in this case. We reverse because the trial court encroached upon the prosecutor’s authority by dismissing this case on its own motion.
At the arraignment in this case, the assistant state attorney indicated that its office had been unable to serve a summons on the defendant on two different occasions. Apparently, the family had only recently moved to the area, and the prosecutor’s office suspected that the family might have relocated. The assistant state attorney insisted, however, that the judge issue a pickup order for the juvenile. The judge refused to do so, an act well within his discretion. See State v. S.C.W., 718 So. 2d 320 (Fla. 2d DCA 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.
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Citator
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State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013)…analogous to those here, Florida’s appellate courts have held the trial court lacked the authority to dismiss a case for the very reason that the pre-trial dismissal encroached upon the state attorney’s pros-ecutorial authority. See State v. D.D.B., 737 So. 2d 1178, 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.,…
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Fla. Dep't OF Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012)…agency!.]”); Dep’t of Children & Family Servs. v. M.H., 830 So. 2d 849, 850 (Fla. 2d DCA 2002) (”[T]he circuit court lacks jurisdiction to direct a specific placement and treatment of an individual committed to the department!;.]”); State v. D.D.B., 737 So. 2d 1178 (Fla. 2d DCA 1999) (concluding that trial judge did not have discretion to dismiss criminal mischief charge against juvenile on court's own motion, and doing so encroached upon prosecutor's authority); Simms v. State, Dep’t of Health & Rehab. Servs.…
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State v. C.W., 166 So. 3d 950 (Fla. 4th DCA 2015)…ting Cleveland v. State, 417 So. 2d 653, 654 (Fla.1982)). A trial court is not authorized to dismiss a petition based upon the State’s failure to arraign a juvenile or serve summons on the juvenile or his parents. Id. at 705 (citing State v. D.D.B., 737 So. 2d 1178, 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”). Furthermore,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.M.W. v. Portesy, 714 So. 2d 1170 (Fla. 2d DCA 1998)
- State v. S.C.W., 718 So. 2d 320 (Fla. 2d DCA 1998)
- State v. P.S., 587 So. 2d 672 (Fla. 5th DCA 1991)
- Clanford Woodley v. State, 587 So. 2d 672 (Fla. 1st DCA 1991)