BENJAMIN D. TURNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Benjamin Turner sought a writ of prohibition to prevent his prosecution as an adult on an indictment for sexual battery allegedly committed when he was a minor in 1992. The Florida District Court of Appeal denied the petition, holding that the State had the right to charge Turner by indictment for a life felony that occurred when he was a minor, even though he was now an adult.
The court held that the State had the right to charge Turner by indictment for the life felony because: (1) the offense had no statute of limitations as a life felony; and (2) Florida law permitted a child charged with a life felony to be indicted and tried as an adult, so there was no reason to conclude the circuit court lacked jurisdiction to prosecute Turner as an adult on an indictment obtained after he became an adult.
[1] A state may indict an adult for a life felony that allegedly occurred when the defendant was a minor.
[2] Proceedings for a life felony are not barred by any statute of limitations.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A child of any age charged with a violation of Florida law punishable by death or by life imprisonment is subject to the jurisdiction of the court as set forth in § 39.049(7) unless and until an indictment on such charge is returned by the grand jury. When such indictment is returned, the petition for delinquency, if any, shall be dismissed and the child shall be tried and handled in every respect as if he were an adult.”
The statutory basis for allowing a minor to be indicted and tried as an adult for life felonies, which the court applied to support Turner's adult prosecution.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTurner allegedly engaged in sexual intercourse with a girl under age twelve in 1992. The State delayed charging him and initially charged him by infor…
The full statement of facts, procedural history, and disposition for this case are member content.
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ALTENBERND, Acting Chief Judge.
Benjamin Turner seeks a writ of prohibition to prevent his prosecution on an indictment for sexual battery. We deny the petition.
Mr. Turner was a teenager in 1992 when he allegedly engaged in sexual intercourse with a girl under the age of twelve. The State delayed in charging him with this offense. In 1999, the State charged him by information as an adult. Thereafter, this court reversed his conviction, holding that proceedings against him could not be initiated by information. We left open the possibility that the State could file juvenile proceedings against him under chapter 39. Turner v. State, 769 So. 2d 1108 (Fla. 2d DCA 2000).
On remand, the State initiated a juvenile proceeding against Mr. Turner. Because the State was concerned about its ability to file a juvenile proceeding against an adult over the age of nineteen,1 the State also convened a grand jury and indicted Mr. Turner for this offense. We conclude that the State had the right to charge Mr. Turner by indictment for a life felony that allegedly occurred when he was a minor. First, there is no dispute that this offense is a life felony. See § 794.011(2), Fla. Stat. (1991). As a result, proceedings for this offense are not barred by any statute of limitations. See § 775.15(1), Fla. Stat. (1991).
Second, section 39.022(5)(c)(l), Florida Statutes (1991),2 provides:
A child of any age charged with a violation of Florida law punishable by death or by life imprisonment is subject to the jurisdiction of the court as set forth in § 39.049(7) unless and until an indictment on such charge is returned by the grand jury. When such indictment is returned, the petition for delinquency, if any, shall be dismissed and the child shall be tried and handled in every respect as if he were an adult.
If Mr. Turner could have been indicted for this offense as a child, resulting in the dismissal of the delinquency proceeding and the continuation of an adult proceeding, we see no reason to conclude that the circuit court lacks jurisdiction to prosecute Mr. Turner as an adult on an indictment obtained after he became an adult. We also find Mr. Turner’s second argument to <be -without merit and deny the petition as to it without discussion.
Petition for writ of prohibition denied with prejudice.
FULMER and DAVIS, JJ., Concur. . See § 39.022(4), Fla. Stat. (1991).
. This provision is now contained in section 985.225, Florida Statutes (2000).
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Shoemaker v. State, 788 So. 2d 350 (Fla. 2d DCA 2001)…requires that adult sanctions be considered or imposed”). We see no reason to conclude that a different result should be reached simply because [*351] the State waited to charge Mr. Shoemaker until after his nineteenth birthday. See Turner v. State, 788 So. 2d 320 (Fla. 2d DCA 2001) (holding that where child could have been indicted for offense, circuit court did not lose jurisdiction simply because State delayed obtaining indictment until after child turned 19). We therefore deny the petition for writ of p…
Authorities Cited
- Turner v. State, 769 So. 2d 1108 (Fla. 2d DCA 2000)