Legal Opinion

State v. W.W.

District Court of Appeal of Florida

Decided August 28, 2009No. 5D09-321Published

1Opinion of the CourtEvander, J.

W.W. was charged in a three-count petition for delinquency with leaving the scene of an accident with injuries,1 driving under the influence (DUI),2 and carrying a concealed weapon.3 He moved to dismiss the DUI count, contending that the circuit court lacked jurisdiction over a juvenile charged with a misdemeanor traffic offense. The circuit court agreed and dismissed the count without prejudice to the State to re-file in the county court. We have jurisdiction4 and reverse the trial court’s order of dismissal. We conclude that where a juvenile is charged with both a felony and a misdemeanor…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Ledlow v. StateDistrict Court of Appeal of Florida · 1999
  2. N.J.G. v. StateDistrict Court of Appeal of Florida · 2008
  3. Heckard v. StateDistrict Court of Appeal of Florida · 1998

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