R.C. v. State

WIGGINTON, Judge.

From a conditional nolo contendere plea to a charge of battery, R.C. brings this appeal to challenge the trial court’s denial of his motion to dismiss in which he argued that the delinquency petition was not filed within forty-five days from when he was allegedly “taken into custody,” within the meaning of section 39.05(6), Florida Statutes (1983).1 We affirm.

The issue of whether R.C. was taken into custody for purposes of triggering the “speedy petition” rule of section 39.05(6) calls for a factual determination to be made by the trial court. The phrase “taken into custody”…