M.H. v. State

STONE, Judge.

We affirm an order adjudicating Appellant delinquent. Appellant contends that it was error to deny his motion for discharge, arguing that the state failed to file the petition within 45 days of the date he was “taken into custody” as required by section 39.048(6), Florida Statutes, as then in effect. Appellant asserts that he was, in fact, “taken into custody” on the date the offense was committed.

At the hearing on Appellant’s motion, Officer Smith testified that he and other officers arrived at the scene of a reported burglary in progress and observed Appellant and other…