Legal Opinion
State v. C.C.B.
District Court of Appeal of Florida
Decided March 28, 1985No. 84-645PublishedCited by 7 opinions
1Opinion of the Court
ORFINGER, Judge.
The trial court dismissed a petition for delinquency on the ground that “[i]t would not be in the best interest of the child for the case to be prosecuted .... ” and the State appeals. We hold that the determination of whether or not to prosecute is a function of the state attorney and not of the court, and we therefore reverse.
On March 12, 1984 a petition for delinquency was filed alleging that C.C.B. had committed burglary and grand theft. At the initial hearing on April 2, 1984 the court was informed that the appellee had been moved to Rodeheaver Boys’ Ranch pursuant to a…
2Cases cited5 opinions
- State v. CainSupreme Court of Florida · 1980
- Cleveland v. StateSupreme Court of Florida · 1982
- Johnson v. StateSupreme Court of Florida · 1975
- State v. JoganDistrict Court of Appeal of Florida · 1980
- State v. ClevelandDistrict Court of Appeal of Florida · 1980
3Cited by7 opinions
- Detournay v. City of Coral GablesDistrict Court of Appeal of Florida · 2013
- S.K. v. StateDistrict Court of Appeal of Florida · 2004
- State v. R.L.B.District Court of Appeal of Florida · 1985
- Madrigal v. StateDistrict Court of Appeal of Florida · 1989
- State v. C.J.K.District Court of Appeal of Florida · 1985
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