State v. F.T.H.

GRIFFIN, Judge.

The state has appealed an order dismissing a petition for delinquency on the ground that the forty-five day “speedy file” provision contained in section 39.05(6), Florida Statutes (1989) was violated. We reverse.

*912Section 39.05(6), Florida Statutes (1989) provides that a petition alleging delinquency shall be dismissed with prejudice if not filed within forty-five days from the date the juvenile was taken into custody. At issue in the instant case is the date appellee was taken into custody for purposes of triggering the commencement of the forty-five day period.1 Appellee argued…