State v. J. M. Z.

The State appeals a dismissal with prejudice of its petition of delinquency. We affirm.

The appellee, a juvenile, was arrested on January 23, 1981, for driving while under the influence and reckless driving. On February 12, 1981, appellee entered a plea of not guilty to the charges and the traffic court transferred the cause to the circuit court, juvenile division. On March 23,1981, thirty-nine (39) days after the cause was transferred, but fifty-nine (59) days after appellee’s arrest, the State filed its petition of delinquency. On April 21, 1981, appellee filed a motion to dismiss alleging…