Guercioni v. State

COWART, Judge.

On June 10, 1981, a ease package (complaint) charging appellant with delinquency was delivered to the office of the clerk of the circuit court and, mistakenly, assigned an adult case number and filed. Later on August 4, 1981, the case package (complaint) was referred to the intake office of H.R.S. On September 3, 1981, the State filed a juvenile delinquency petition against appellant and he was thereafter first taken into custody. Appellant moved to dismiss the delinquency petition arguing that section 39.03(5)(b), Florida Statutes (1981), directs the clerk to “forthwith”…