STATE OF FLORIDA, APPELLANT,
v.
J.C., A CHILD, APPELLEE
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The trial court impermissibly relied on section 985.0301(6), Florida Statutes, to dismiss a delinquency petition before the adjudicatory hearing.
The State filed a delinquency petition against J.C. The defense moved to dismiss under section 985.0301(6) after J.C. moved out of state. The trial co…
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In this appeal, the State challenges the trial court’s order dismissing its petition for delinquency. We reverse and hold that the trial court impermissibly relied on section 985.0301(6), Florida Statutes (2011), to dismiss the petition before the adjudicatory hearing. See State v. W.D., 112 So.3d 702, 703 (Fla. 4th DCA 2013).
By way of background, the State filed a delinquency petition against J.C. in August of 2011, based on allegations that he punched another student in the school cafeteria. At the hearing on the petition more than a year later, the State informed the court that J.C. was living at a family shelter in New York. Defense counsel moved to dismiss the petition pursuant to section 985.0301(6), which permits the court “at any time [to] enter an order ending its jurisdiction over any child.” See § 985.0301(6), Fla. Stat. (2011). The trial court granted the motion over the State’s objection and dismissed the delinquency petition.
On appeal, the State argues that the trial court erred in dismissing the petition pursuant to our holding in W.D., 112 So.3d 702. There, we held that section 985.0301(6) allows the trial court to end its jurisdiction over a child only after the initial adjudicatory hearing. Id. at 704. The public defender concedes error based on W.D. Accordingly, we hold that the trial court impermissibly relied on section 985.0301(6) to terminate its jurisdiction over J.C. and “put an end to the prosecution before the case ever reache[d] adjudication on the merits.” See id. By dismissing the delinquency petition, the trial court violated the separation of powers doctrine by encroaching on the state attorney’s absolute authority to decide where and how to prosecute this case. See id. at 704-05. Thus, we reverse and remand the trial court’s order dismissing the State’s delinquency petition.
Reversed and Remanded.
FORST, J„ and HANZMAN, MICHAEL, Associate Judge, concur.
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State v. M.A., 174 So. 3d 522 (Fla. 4th DCA 2015)…fter the filing of a petition, whichever first occurs, and thereafter the court may control the child and the case in accordance with this chapter. (6) The court may at any time enter an order ending its jurisdiction over any child. State v. J.C., 141 So. 3d 756 (Fla. 4th DCA 2014), is most instructive. In J.C., the state filed a delinquency petition. At a hearing more than one year later, the state informed the trial court that J.C. was living in New York. Defense counsel moved to dismiss pursuant to secti…
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State v. E.S., 177 So. 3d 309 (Fla. 4th DCA 2015)…PER CURIAM. The state appeals the final order dismissing its petition for delinquency against E.S. E.S. concedes that reversal is warranted under State v. J.C., 141 So. 3d 756 (Fla. 4th DCA 2014), and State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013). Based on E.S.’s concession, we reverse and remand for reinstatement of the petition of delinquency. See also State v. M.A., 174 So. 3d 522, 40 Fla. L. Weekly D1985 (Fla. 4th…
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State v. K.M., 177 So. 3d 310 (Fla. 4th DCA 2015)…PER CURIAM. We reverse the trial court’s order dismissing the state’s delinquency petition prior to an adjudicatory hearing and remand for further proceedings. See State v. J.C., 141 So. 3d 756, 757 (Fla. 4th DCA 2014); State v. W.D., 112 So. 3d 702, 704 (Fla. 4th DCA 2013). GROSS, TAYLOR, JJ., and SHEPHERD, CAROLINE, Associate Judge, concur.…
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- State v. W.D., 112 So. 3d 702 (Fla. 4th DCA 2013)