D.L.B. v. Kirk

COBB, Judge.

Petitioner, a juvenile, seeks a writ of prohibition to prevent further proceedings in a delinquency case. The state filed a petition alleging that the juvenile committed a delinquent act by unlawfully selling or delivering cocaine on June 6, 1989. A prior petition containing the identical allegations was dismissed because the state at the adjudicatory hearing was not prepared to present evidence and was unsuccessful in obtaining a continuance. In the order of dismissal the court specifically found that no evidence was presented and therefore the juvenile was not delinquent as…