J.R.S. v. State

SCHEB, Judge.

The county court certified the following question to this court as one of great public importance:

DOES A COUNTY COURT JUDGE HAVE THE POWER AND DISCRETION TO INCARCERATE A MINOR FOR A VIOLATION OF SECTION 316.-1935, FLORIDA STATUTES?

We accepted jurisdiction pursuant to Florida Rules of Appellate Procedure 9.030(b)(4)(A) and 9.160.

The appellant, J.R.S., a minor, was convicted in county court of the' offense of fleeing or attempting to elude a police officer, a violation of section 316.1935, Florida Statutes (1983). The judge placed appellant on probation and, as a special…