FREDERICK L. BENTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A sixteen-year-old defendant arrested for robbery was transferred to adult criminal court and convicted after more than 180 days elapsed without trial. The Florida appellate court reversed his conviction and ordered his discharge, holding that once a juvenile is tried as an adult, they are entitled to the same speedy trial protections afforded to adult defendants.
Yes. Once the State elects to require a juvenile defendant to be tried as an adult, that defendant is entitled to the same speedy trial safeguards afforded other adults. The 180-day speedy trial period commences from the date of arrest, and failure to bring the defendant to trial within that period warrants discharge.
[1] When a juvenile is transferred to adult court for trial, the speedy trial time periods commence from the date of the juvenile's arrest.
[2] A juvenile transferred to adult court for trial is entitled to the same speedy trial safeguards afforded to adults.
Previewing 2 of 4 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“Having elected to require appellant to be tried as an adult, the State was obligated to give appellant the same safeguards afforded other adults.”
Establishes the core holding that juveniles tried as adults receive full adult speedy trial protections
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFrederick Benton, age sixteen, was arrested on July 10, 1973, for robbery and initially referred to juvenile court. On September 14, 1973, the State f…
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GRIMES, Judge.
Appellant, who was sixteen years of age, was arrested on July 10, 1973, and booked for robbery by the Sarasota Police Department. He was referred to Sarasota County Juvenile Court where the State filed a petition requesting that appellant be adjudicated a delinquent on the basis of the robbery. On September 14, 1973, the State filed a petition in the juvenile court to transfer jurisdiction of the cause to the criminal division of the circuit court. On September 19, 1973, the juvenile court waived jurisdiction and transferred the case to the criminal division of the circuit court for trial as if appellant were an adult. An information was filed on October 10, 1973. No trial having been afforded by January 9, 1974, appellant filed a motion for discharge under the Speedy Trial Rule. The motion was denied and appellant was convicted on January 16, 1974.
In an opinion recently issued, this court in Boatman v. State, Fla.App.2d, 1975, 306 So. 2d 592, under substantially similar circumstances, directed the defendant’s discharge for failure of the State to bring him to trial within 180 days of his arrest. The same principles apply here. Having elected to require appellant to be tried as an adult, the State was obligated to give appellant the same safeguards afforded other adults. Rule 3.191(a)(1), RCrP, provides that the time periods established for purposes of speedy trial shall commence when the “person is taken into custody as a result of the conduct or criminal episode giving rise to the crime charged.” This occurred when appellant was arrested on July 10, 1973. More than 180 days elapsed from that date before appellant was brought to trial, and none of this delay could be attributed to the appellant.
Accordingly, the judgment and sentence are hereby reversed with directions that appellant be released and forever discharged from further response to the charges herein.
McNULTY, C. J., and HOBSON, J., concur.
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Citator
Cited By
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State v. Benton, 337 So. 2d 797 (Fla. 1976)…OVERTON, Chief Justice. This cause is a petition for certiorari to review a decision of the Second District Court of Appeal reported at 307 So. 2d 198 (Fla.App.2d 1975). We find conflict with State v. Bryant, 276 So. 2d 184 (Fla.App.1st 1973). We have jurisdiction.1 The respondent committed a robbery on July 10, 1973, at age 16. He was arrested the same day and was detained in a juvenile facility…
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White v. State, 338 So. 2d 256 (Fla. 4th DCA 1976)….191(a)(1). Fla.R.Crim.P, More than 180 days had elapsed since defendant was taken into custody as a result of the conduct of the criminal episode giving rise to the crime charged. Boatman v. State, 306 So. 2d 592 (Fla.2d DCA 1975); Benton v. State, 307 So. 2d 198 (Fla.2d DCA 1975). See also State v. Benton, Fla.Sup.Ct., 337 So. 2d 797, opinion filed Sept. 16, 1976. Moreover, the speedy trial period had run before any discovery demands had been made so that the efficacy of such discovery need not have been co…
Authorities Cited
- Gaylon E. Boatman v. State, 306 So. 2d 592 (Fla. 2d DCA 1975)