Legal Opinion

State of Florida v. M.A., a child

District Court of Appeal of Florida

Decided August 26, 2015No. 4D14-1407PublishedCited by 1 opinion

1Opinion of the CourtLevine, J.

We are confronted with a case where the trial court sua sponte dismissed a petition for delinquency, over the objection of the state. We find that the trial court, in this case, lacked the authority to sua sponte dismiss the petition, and that by dismissing the state’s petition without authority, violated the principles of separation of powers. We, therefore, reverse and remand.

In August 2012, M.A. was charged by petition for delinquency with possession of cannabis and possession of drug paraphernalia. During an April 2014 status hearing, counsel for M.A. proffered that M.A. was picked up in…

2Cases cited6 opinions

  1. Barnett v. AntonacciDistrict Court of Appeal of Florida · 2013
  2. State v. W.D.District Court of Appeal of Florida · 2013
  3. State of Florida v. J.C., a childDistrict Court of Appeal of Florida · 2014
  4. State of Florida v. C.W., a ChildDistrict Court of Appeal of Florida · 2015
  5. State v. S.P.District Court of Appeal of Florida · 2009

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3Cited by1 opinion

  1. State v. E.S.District Court of Appeal of Florida · 2015

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