State v. D.A.E.

ORFINGER, Judge.

The issue presented by this appeal1 is whether the juvenile court may properly require the State to file a petition for delinquency in less than the 45 day time limit provided for by statute.2 The trial court held that such time limit could be imposed and dismissed the State’s petition for failure to file it within the time limited. We reverse.

Having been taken into custody on a charge of grand theft, appellee appeared for a detention hearing and was released from custody on this charge. The court appointed a public defender to represent the minor, required the State to file a…