STATE OF FLORIDA, APPELLANT,
v.
FREDDIE PAUL MORRIS, APPELLEE
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The State of Florida appealed the dismissal of a robbery information against Freddie Paul Morris, a defendant who was a minor when charged but reached majority before retrial. The court held that the statutory requirement to notify parents applies only when the defendant is an unmarried minor at both the time of charge and trial, and reversed the dismissal.
The trial court erred in dismissing the information. Under Florida Statutes Section 925.07, the state's obligation to notify parents applies only when the defendant is an unmarried minor at both the time of charge and the time of trial. Since Morris reached majority before retrial, the statutory requirement to notify his parents no longer applied.
[1] A statute requiring notice to a parent or guardian before trial of an unmarried minor charged with an offense applies only if the individual is an unmarried minor both at…
[2] A trial court errs in dismissing an information against a defendant for failure to notify the defendant's parents of the charge when the defendant reached majority before…
Previewing 2 of 3 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“Compliance by the state with this section is required only if the individual charged is an unmarried minor both at the time he is charged and at the time he is tried for the offense charged.”
Establishes the dual-requirement test for when parental notice is mandatory under Florida law
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMorris was charged with robbery on July 31, 1973, when he was an unmarried minor. He was convicted at trial on January 22, 1974, but the trial court v…
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PER CURIAM.
Appellant, State of Florida, appeals a trial court’s order dismissing an information charging appellee-defendant, Freddie Paul Morris, with robbery. We reverse.
On July 31, 1973 the State of Florida filed an information charging appellee-de-fendant, Freddie Paul Morris, with robbery. The defendant was a minor and unmarried on the date the information was filed.
While awaiting trial, the defendant reached majority. Trial was held on January 22, 1974. The jury found the defendant guilty of the robbery charged. The trial court entered judgment accordingly, and imposed sentence. However, upon motion by the defendant, the trial court vacated and set aside the judgment and sentence, and granted the defendant a new trial on the grounds that the state had failed to notify the defendant’s parents of the robbery charge against the defendant.
On the date set for retrial, June 13, 1974, the defendant moved for dismissal of the information on the basis that the state still had not notified defendant’s parents of the robbery charge. After a hearing was held on the matter, the trial court entered an order dismissing the information. It is from this order that the state appeals.
The question submitted for our determination on this appeal is whether the trial court erred in dismissing the information on the grounds that the state failed to give the defendant’s parents notice of the robbery charge against the defendant.
Section 925.07, Florida Statutes 1973, entitled “Parent or guardian to be notified before trial of minor; service of notice; ” provides:
“(1) When an unmarried minor is charged with an offense before any court in this state, including municipal courts, notice of the charge shall be given before trial to the parent or guardian of the minor if the name and address is known
Compliance by the state with this section is required only if the individual charged is an unmarried minor both at the time he is charged and at the time he is tried for the offense charged. See Habich v. Cochran, 148 So. 2d 5 (Fla.1962); Collins v. Wainwright, 146 So. 2d 97 (Fla.1962); Morgan v. Cochran, 142 So. 2d 4 (Fla.1962); Craig v. Cochran, 132 So. 2d 196 (Fla.1961); Di Marco v. Cochran, 127 So. 2d 674 (Fla.1961); Williams v. Cochran, 126 So. 2d 887 (Fla.1961); Tharpe v. State, 273 So. 2d 399 (Fla.App.1973); Romero v. State, 251 So. 2d 137 (Fla.App.1971); Henderson v. State, 231 So. 2d 231 (Fla.App.1970).
In the instant case, the defendant was an unmarried minor at the time he was charged with robbery. The defendant, however, reached majority prior to June 13, 1974, the date scheduled for his retrial on the robbery charge. Under these circumstances the state was not required to comply with Section 925.07 and give the defendant’s parents notice of the robbery charge against the defendant.1 The trial court therefore erred in dismissing the information charging the defendant with robbery.
Accordingly, the trial court’s order dismissing the information is vacated and set aside, and the cause remanded for further proceedings.
Reversed and remanded.
OWEN, C. J., and WALDEN and CROSS, JJ., concur. . We note that the defendant had reached majority prior to his initial trial held on January 22, 1974. Therefore, the state was not required to notify defendant’s parents of the robbery charge prior to that trial. The trial court’s order vacating and setting aside the judgment and sentence and granting the defendant a new trial on the grounds that the state had failed to notify the defendant’s parents of the robbery charge against the defendant before the January 22nd trial was erroneous. The state, however, did not perfect an appeal from this order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (11 total)
- Norton Doyle Williams v. Cochran, 126 So. 2d 887 (Fla. 1961)
- DI Marco v. Cochran, 127 So. 2d 674 (Fla. 1961)
- Craig v. Cochran, 132 So. 2d 196 (Fla. 1961)
- Birchie Collins v. Louie L. Wainwright, 146 So. 2d 97 (Fla. 1962)
- Freeze v. Cnty. OF Pinellas, 146 So. 2d 97 (Fla. 1962)
- Romero v. State, 251 So. 2d 137 (Fla. 4th DCA 1971)
- Morgan v. Cochran, 142 So. 2d 4 (Fla. 1962)
- Habich v. Cochran, 148 So. 2d 5 (Fla. 1962)
- Henderson v. State, 231 So. 2d 231 (Fla. 3d DCA 1970)
- McCARTY v. United Servs. Auto. Ass'n, 273 So. 2d 399 (Fla. 1st DCA 1973)