Legal Opinion

State v. In the Interest of D.I.

District Court of Appeal of Florida

Decided August 21, 1985No. 84-2642PublishedCited by 8 opinions

1Per curiam

The state appeals from an order dismissing a petition for adjudication of delinquency. We reverse on the authority of State v. Garofalo, 453 So.2d 905 (Fla. 4th DCA 1984).

The state filed a petition for adjudication of delinquency which charged the juvenile with petty theft from a Winn Dixie store. After realizing that the petition listed the wrong victim, the state re-filed the petition, this time correctly listing the victim as Shopper’s Drug Mart. Under section 39.-05(6), Florida Statutes (1983), the state has forty-five days (from custody) within which it must file a delinquency petition.…

2Cases cited3 opinions

  1. Rubin v. StateSupreme Court of Florida · 1980
  2. State v. GarofaloDistrict Court of Appeal of Florida · 1984
  3. D.C.W. v. StateSupreme Court of Florida · 1984

3Cited by8 opinions

  1. In Interest of KABDistrict Court of Appeal of Florida · 1986
  2. M.F. v. StateSupreme Court of Florida · 1991
  3. L.G.R. v. StateDistrict Court of Appeal of Florida · 1986
  4. Interest of B.T. v. StateDistrict Court of Appeal of Florida · 1991
  5. BT v. StateDistrict Court of Appeal of Florida · 1991

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