STATE OF FLORIDA, APPELLANT,
v.
M.M., A CHILD, APPELLEE
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Florida appeals the dismissal of a delinquency petition against a juvenile charged with petit theft. The trial court dismissed the petition after finding the 90-day speedy trial period had expired, but the appellate court reversed, holding that the trial court failed to provide the state with a mandatory 10-day recapture period before dismissing the case.
The trial court erred in dismissing the petition without providing the state with the mandatory ten-day window period within which to bring the case to trial. When a juvenile is taken into custody, the state has 90 days to try the case, and if that period expires, the court must hold a hearing to review applicable factors; if none apply, the state is given a ten-day period to try the case before the juvenile can be discharged.
[1] A juvenile speedy trial period is ninety days from the date of arrest.
[2] When a juvenile speedy trial period expires, the juvenile may file a motion for discharge.
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Join FLexlaw to unlock all legal intelligence“When a juvenile is taken into custody, the State is given ninety-days to bring the case to trial. When that does not occur, the juvenile may file a motion for discharge. The court must then set a hearing within five days to review the factors in subsection (d). If none of them apply, the State is given a ten-day window period within which to try the case.”
Establishes the mandatory procedural framework for juvenile speedy trial rights and the recapture period
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Join FLexlaw to unlock all legal intelligenceM.M. was arrested on March 2, 2002, and the state filed a delinquency petition on April 23, 2002. The 90-day speedy trial period expired on May 31, 20…
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PER CURIAM.
The state appeals from the dismissal of the petition for delinquency it filed against appellee, M.M., on charges of petit theft. The trial court dismissed the petition after a hearing on whether the speedy trial period had expired. We reverse.
Appellee was arrested on March 2, 2002, and the state filed the petition for delinquency on April 23, 2002. The ninety-day speedy trial period ran on May 31, 2002. Appellee was arraigned and appointed counsel on June 19, 2002. On June 20, 2002, appellee’s counsel filed a Motion to Dismiss/Discharge on which a hearing was held the same day. The trial court granted the motion without making findings of fact and conclusions of law.
The state argues that the trial court erred in dismissing the petition and not giving them the ten-day recapture period provided for in Florida Rule of Juvenile Procedure 8.090(m)(3). Until recently, decisions interpreting the juvenile speedy trial rule have made the determination of this issue unclear. See State v. V.M., 842 So. 2d 1066 (Fla. 4th DCA 2003); State v. D.L., 841 So. 2d 663 (Fla. 4th DCA 2003); D.D. v. State, 817 So. 2d 930 (Fla. 4th DCA 2002).
This court has recently decided C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004)(en banc), in which we recede from those cases and follow the rule as it provides. It holds:
When a juvenile is taken into custody, the State is given ninety-days to bring the case to trial. When that does not occur, the juvenile may file a motion for discharge. The court must then set a hearing within five days to review the factors in subsection (d). If none of them apply, the State is given a ten-day window period within which to try the case. If the State fails to bring the ease to trial within those ten days, the juvenile is discharged. If one of the factors in subsection (d) is found to exist, then the State is given ninety days within which to try the case.
Id.
The trial court in this case erred in dismissing the charge against appellee without giving the state the ten-day window period within which to try the case against appellee. We reverse the order of dismissal and remand for further proceedings.
REVERSED and REMANDED.
GUNTHER, TAYLOR and HAZOURI, JJ., concur.
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State v. B.S.S., 890 So. 2d 487 (Fla. 5th DCA 2004)…within ninety days per subdivision (d)(6). If not, then the remedy afforded in subparagraph (m) should be imposed, which requires that trial commence within ten days. Accord C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004) (en banc); State v. M.M., 867 So. 2d 439 (Fla. 4th DCA 2004). Here, the facts show that the adjudicatory hearing was not commenced within ninety days of the arrest. As a result, the court was required to determine whether any of the circumstances under subdivision (d) of rule 8.090 applie…
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State v. E.G., 11 So. 3d 455 (Fla. 3d DCA 2009)…er Fla. R. Juv. P. 8.090(m), require reversal as the trial court erred by dismissing the petition against appellee without first giving the State the ten-day recapture period to try the ease against appellee. Fla. R. Juv. P. 8.090(m); State v. M.M., 867 So. 2d 439, 440 (Fla. 4th DCA 2004). We reverse the order of dismissal and remand for further proceedings. Reversed and remanded. . Florida Rule of Juvenile Procedure 8.090(m) addresses die remedy for failure to try a juvenile within the specified time. Sub…
Authorities Cited
- C.D. v. State, 865 So. 2d 605 (Fla. 4th DCA 2004)
- D.D. v. State, 817 So. 2d 930 (Fla. 4th DCA 2002)
- Leafy WAY Enters., Inc. v. Lamb, 841 So. 2d 663 (Fla. 3d DCA 2003)
- State v. V.M., 842 So. 2d 1066 (Fla. 4th DCA 2003)