Legal Opinion

K.C. v. State

District Court of Appeal of Florida

Decided July 28, 2004No. 4D03-1477Published

1Opinion of the CourtKlein, J.

Under our juvenile speedy trial rule, if a petition alleging a delinquent act has been filed, and a trial has not been commenced within ninety days, the juvenile can move for discharge. The juvenile must then be brought to trial within a short recapture period or discharged. In this case, during the recapture period, appellant filed a petition for writ of prohibition in this court, resulting in an order staying all further proceedings in the trial court. We conclude that failure of the trial court to hold the trial within the recapture period was attributable to appellant, and he was…

2Cases cited1 opinion

  1. State Ex Rel. Mullen v. SwigertDistrict Court of Appeal of Florida · 1977

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