THE STATE OF FLORIDA, APPELLANT,
v.
D.H., A JUVENILE, APPELLEE
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.
The State appealed the trial court's dismissal of a juvenile delinquency petition on speedy trial grounds. The appellate court reversed, holding that the trial court prematurely dismissed the petition before the State had an opportunity to bring the juvenile to trial within the ten-day recapture period mandated by Florida Rule of Juvenile Procedure 8.090(m)(3).
The appellate court held that the trial court erred in dismissing the petition prematurely. The State was entitled to bring D.H. to trial within fifteen days of filing the motion for discharge, and because D.H. was brought to trial on November 17—nine days after the motion was filed—this was well within the required period. The trial court should not have dismissed the petition before affording the State this opportunity.
[1] A trial court errs by dismissing a delinquency petition on speedy trial grounds before affording the State an opportunity to bring the juvenile to trial within the fiftee…
[2] Under Florida Rule of Juvenile Procedure 8.090(m)(3), a court must order that a respondent be brought to trial within ten days of a motion for discharge, unless specific…
Previewing 2 of 5 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“unless the court finds that one of the reasons set forth in subdivision (d) exists, [the court] shall order that the respondent be brought to trial within 10 days.”
This establishes the statutory obligation under Fla. R. Juv. P. 8.090(m)(3) that governs the recapture period for bringing a juvenile to trial after a motion for discharge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceD.H. was arrested on August 4, 2010. The ninety-day speedy trial period expired on November 2, 2010. The trial court sua sponte added a fifteen-day re…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Recapture Period cases and more on FLexlaw
The State of Florida appeals the trial court’s dismissal on speedy trial grounds of its delinquency petition filed against appellee D.H. We reverse because the trial court prematurely dismissed the petition and did not afford the State an opportunity to bring D.H. to trial within the fifteen-day recapture period following the filing of D.H.’s motion for discharge.
The State arrested D.H. on August 4, 2010. It is undisputed that the ninety-day speedy trial period expired on November 2, 2010. At a hearing held on October 20, the State raised the speedy trial date. In response to a question from the court, the State responded that the speedy trial deadline was November 2. The court set the case for trial on November 17, 2010, sua sponte adding a fifteen-day recapture period to the speedy trial deadline.
On November 8, 2010, D.H. filed a Motion to Discharge. The court held a hearing on the motion on November 16, 2010. The State did not object to the lateness of the hearing,1 but the State argued that Florida Rule of Juvenile Procedure 8.090 affords the State and the court ten days from the date of hearing — i.e. until November 26 — to bring the case to trial. The court set the trial for the next day.
The next morning, the State was not ready to proceed. It moved for an extension of the speedy trial period and reconsideration of an earlier ruling in which the court charged a continuance to the State for its failure to produce a report. The court denied the State’s motion for extension of the speedy trial rule, and granted the motion for discharge.
The State argues on appeal that the court erred when it dismissed the petition before the State had the opportunity to proceed to trial within the ten-day recapture period provided for in rule 8.090(m)(3). We agree.
Florida Rule of Juvenile Procedure 8.090 governs speedy trials in juvenile cases. Subsection (b) of rule 8.090 provides that if an adjudicatory hearing has not commenced within ninety days of the date a juvenile is taken into custody, the respondent shall be entitled to the appropriate remedy as set forth in subsection (m). Subsection (m)(3) provides that “unless the court finds that one of the reasons set forth in subdivision (d) exists, [the court] shall order that the respondent be brought to trial within 10 days.”
In this case, D.H. filed his motion to discharge on November 8, 2010. The court was required to bring the respondent to trial no later than November 23, 2010. See State v. J.G., 807 So.2d 748, 749 (Fla. 4th DCA 2002) (stating that the State has one fifteen-day period to bring a juvenile to trial). D.H. was brought to trial on November 17-nine days after the filing of the motion for discharge. This is well within the fifteen-day period from the filing of the motion for discharge.
Consequently, we vacate the order of dismissal and remand the case for further proceedings.2 On remand, the State has ninety days from the date of the issuance *797of this Court’s mandate to bring D.H. to trial. See Fla. R. Juv. P. 8.090(j).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. S.A., 96 So. 3d 1133 (Fla. 4th DCA 2012)…capture window’ provided by Florida Rule of Juvenile Procedure 8.090(m)(3) should be similarly construed as its adult counterpart, i.e., as one fifteen day time period.” State v. J.G., 807 So. 2d 748, 749 (Fla. 4th DCA 2002); see also State v. D.H., 87 So. 3d 795 (Fla. 3d DCA 2012) (agreeing that the recapture window is one fifteen-day period). In other words, no matter how one calculates the five-day time period or when the court conducts the required hearing on the notice of expiration of speedy trial, the…
Authorities Cited
- State v. J.G., 807 So. 2d 748 (Fla. 4th DCA 2002)
- Utria v. State, 56 So. 3d 114 (Fla. 3d DCA 2011)
- State v. D.O., 56 So. 3d 114 (Fla. 3d DCA 2011)