State v. D.M.

The State appeals the trial court’s dismissal of a Petition for Delinquency against D.M. D.M. concedes that, based on our ruling in C.D. v. State, 865 So.2d 605 (Fla. 4th DCA 2004) (en banc), the State was entitled to the ten-day recapture period within which to try the minor. We reverse and remand.

In a Petition for Delinquency filed on February 10, 2003, D.M. was alleged to have committed thirteen counts of burglary of a conveyance. An attempt was made *663to serve D.M. with a summons to appear on February 25, 2003, but was returned unserved. On March 26, 2003, D.M. entered the residential…