Legal Opinion
State v. J. M.
District Court of Appeal of Florida
Decided September 16, 1998No. Nos. 98-00382, 98-00393PublishedCited by 4 opinions
1Opinion of the Court
CASANUEVA, Judge.
The State appeals the trial court’s dismissal of two petitions alleging J.M. committed delinquent acts. In case number 98-00393, the State alleged J.M. sold a counterfeit drug; in case number 98-00382, the State alleged J.M. committed a battery. Because J.M. was already committed by court order to a level 8 program with the Department of Juvenile Justice, the trial court concluded that further prosecution of J.M. was futile. Accordingly, the trial court dismissed each pre-trial petition. The State contends the trial court exceeded its authority in so doing. We agree and…
2Cases cited4 opinions
- Wayte v. United StatesSupreme Court of the United States · 1985
- State v. BloomSupreme Court of Florida · 1986
- Burk v. WashingtonSupreme Court of Florida · 1998
- State v. A.R.S.District Court of Appeal of Florida · 1996
3Cited by4 opinions
- State v. GibsonDistrict Court of Appeal of Florida · 2006
- Henry v. StateDistrict Court of Appeal of Florida · 2002
- Tucker v. StateDistrict Court of Appeal of Florida · 2008
- State v. JMDistrict Court of Appeal of Florida · 1998