E.H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-07-19
No. 3D00-431
Before LEVY, GODERICH, and SHEVIN, JJ.
762 So. 2d 585 Florida District Court of Appeal, Third District (2000)

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Synopsis

The court granted a juvenile's petition for writ of prohibition, finding that the speedy trial period had run before the juvenile's arraignment, but denied dismissal of the charges solely on that basis, emphasizing that the speedy trial right is procedural.


Holding

The court granted the petition for writ of prohibition because the speedy trial period had expired before arraignment, but held that dismissal was not required solely on that ground as the speedy trial right is procedural.


Facts & Procedural History

A juvenile was arrested and a delinquency petition was filed. The speedy trial period expired before the juvenile's arraignment. Although the juvenile…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the State’s proper confession of error, we reverse the revocation of the defendant’s community control. The trial court erred by revoking the defendant’s community control where the evidence of violation was based solely on hearsay. Shaw v. State, 710 So. 2d 182 (Fla. 3d DCA 1998).

Reversed.


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