R.G. v. State

THREADGILL, Judge.

R.G., a juvenile, appeals an adjudication of delinquency and commitment for grand theft. He challenges the denial of his motion to dismiss the delinquency petition. Because the delinquency petition was not *283filed within forty-five days of custody and no extension of time was granted, we reverse.

R.G. was taken into custody on April BO, 1993. On May 24, 1993, the state filed a delinquency petition charging him with grand theft of a motor vehicle. For reasons not apparent on the record, the state nolle prossed the charge on August 26,1993. The following day, the state filed a…