J.H. v. State

SHIVERS, Judge.

J.H., a juvenile, raises two points on appeal. We need only address the dispositive *929Point One: whether the trial court erred in denying appellant J.H.’s motion to dismiss the amended delinquency petition filed against him.

Appellant argues the amended petition should have been dismissed since it was not filed within 45 days from the date appellant was taken into custody. We agree and reverse.

On November 16, 1981, J.H. was taken into custody for purposes of juvenile procedure. On December 14, 1981, the State filed a delinquency petition against appellant, alleging that he had…