State v. Levine

In February of 1994, a circuit judge sitting in the juvenile division of the Dade County circuit court entered a waiver order under *1259section 39.052(2), Florida Statutes (1993), transferring a child, Del Rey, for criminal prosecution to the criminal division of the circuit court, where the action is now pending. See State v. Del Rey, 643 So.2d 1146 (Fla. 3d DCA 1994). The juvenile has now filed a motion, purportedly under Florida Rule of Juvenile Procedure 8.140, to set aside the waiver order on grounds that it was procured by fraud or misrepresentation. The particular juvenile division circuit…