S. M. v. State

The issue before us is whether a petition for delinquency was untimely filed and therefore subject to dismissal. Finding that it was, we reverse the order which denied the motion to dismiss and remand the cause with directions to discharge the juvenile from custody.

The juvenile was arrested on November 11, 1979. However, the sworn complaint, required by Section 39.03(4)(a), Florida Statutes (1979), was not filed until December 4, 1979.1 The petition for delinquency was filed within forty-five days from the date of the complaint as required by Section 39.05(6), Florida Statutes (1979) on…