D.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the delinquency disposition order withholding adjudication and placing Appellant on probation. Appellant, as a result of the state’s delay in serving him, was not arraigned until forty three (43) days after expiration of the ninety (90) day speedy trial period allotted from the date of his arrest. During that time, he was in the custody of the Department of Juvenile Justice. The state acknowledges that it was error to deny Appellant’s motion to dismiss. R.K. v. State, 778 So. 2d 1098 (Fla. 4th DCA 2001); Fla. R. Juv. P. 8.090.
We remand with direction to vacate the order and for discharge Appellant accordingly.
STONE, WARNER, and FARMER, JJ., concur.
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D.D. v. State, 817 So. 2d 930 (Fla. 4th DCA 2002)…ebruary, 2002, approximately two months after speedy trial expired. Counsel was not appointed for him until the arraignment yet another month later. Neither defense counsel nor petitioner can be faulted for the delay in this ease. See D.C. v. State, 807 So. 2d 198 (Fla. 4th DCA 2002); R.K. v. State, 778 So. 2d 1098 (Fla. 4th DCA 2001). We grant the petition for writ of prohibition and direct the trial court to discharge D.D. POLEN, C.J., TAYLOR and HAZOURI, JJ., concur.…
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State v. V.M., 842 So. 2d 1066 (Fla. 4th DCA 2003)…D.D. v. State, 817 So. 2d 930 (Fla. 4th DCA 2002)(summons was initially sent to wrong address and minor was not properly served until over two months after expiration of speedy trial, for an arraignment scheduled for the next month); D.C. v. State, 807 So. 2d 198 (Fla. 4th DCA 2002)(minor in Department of Juvenile Justice custody was not arraigned until forty-three days after expiration of speedy trial). Accordingly, we hold the ten-day recapture period was available to the State, reverse the order of dismis…
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State v. C.L, 841 So. 2d 597 (Fla. 4th DCA 2003)…PER CURIAM. Affirmed. D.D. v. State, 817 So. 2d 930 (Fla. 4th DCA 2002); D.C. v. State, 807 So. 2d 198 (Fla. 4th DCA 2002); R.K. v. State, 778 So. 2d 1098 (Fla. 4th DCA 2001). GUNTHER, STONE, and FARMER, JJ., concur.…
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- R.K. v. State, 778 So. 2d 1098 (Fla. 4th DCA 2001)