STATE OF FLORIDA, APPELLANT,
v.
A.A., A CHILD, APPELLEE
STATE OF FLORIDA, APPELLANT,
A.A., A CHILD, APPELLEE
110 So. 3d 988
Florida District Court of Appeal, Fourth District (2013)
Caution
Cited by 2 cases
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Opinion of the Court
Affirmed. The state contends that the trial court could not dismiss this juvenile case, because the court had not acquired jurisdiction as the child had not been served. However, the child had been detained and taken into custody. Therefore, jurisdiction attached. See § 985.0301, Fla. Stat. (2011):
(1) The circuit court has exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.
(2) The jurisdiction of the court shall attach to the child and the case when the summons is served upon the child ..., or when the child is taken into custody with or without service of summons and before or after the filing of a petition, whichever first occurs, and thereafter the court may control the child and the case in accordance with this chapter.
(Emphasis supplied).
WARNER, GROSS and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. M.A., 174 So. 3d 522 (Fla. 4th DCA 2015)…al court noted that there was a pickup order as to M.A. issued on November 15, 2012, and that there had been a take custody order for over a year. The trial court then sua sponte dismissed the pending petition for delinquency based on State v. A.A., 110 So. 3d 988 (Fla. 4th DCA 2013). The state objected and this appeal ensues. We review the dismissal of a petition for delinquency de novo. State v. S.P., 24 So. 3d 756, 757 (Fla. 4th DCA 2009). Section 985.0301, Florida Statutes (2014), provides, in relevant…
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State v. J.Q., 178 So. 3d 943 (Fla. 4th DCA 2015)…CA 2015). By sua sponte dismissing the delinquency petition, the trial court improperly encroached upon the State’s discretion to prosecute D.A. See id. Id, at 230 (emphasis in original) (footnote omitted). The trial court relied on State v. A.A., 110 So. 3d 988 (Fla. 4th DCA 2013), in dismissing the petition. A.A., however, is distinguishable. There, the state argued that the trial court lacked jurisdiction to dismiss a juvenile case where thé juvenile had not been Served.1 This court affirmed, holding tha…