R.L.B. v. State

BARKETT, Justice.

We have for review the decision of the Fifth District Court of Appeal in State v. R.L.B., 467 So.2d 818 (Fla. 5th DCA 1985), which expressly conflicts with the Third District’s holding in State v. C.C., 449 So.2d 280 (Fla. 3d DCA 1983), approved, 476 So.2d 144 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Petitioner entered a plea of guilty to a retail theft charge in the juvenile division of the circuit court. The trial court withheld adjudication of delinquency and directed the state to file a petition for delinquency. The judge subsequently dismissed the…