B.V. v. State

District Court of Appeal of Florida

B.V. v. State

624 So. 2d 386, 1993 Fla. App. LEXIS 9496, 1993 WL 372175

CourtDistrict Court of Appeal of Florida

DecidedSeptember 22, 1993

DocketNo. 92-02364

StatusPublished

Cited by1 cases

This text of 624 So. 2d 386 (B.V. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B.V. v. State, 624 So. 2d 386, 1993 Fla. App. LEXIS 9496, 1993 WL 372175 (Fla. Ct. App. 1993).

Pincite

Opinion

BLUE, Judge.

B.V. challenges the final order adjudicating him delinquent. We agree with B.V.’s contention that the trial court erred in denying his motion for discharge based on a speedy trial violation.

On March 9, 1992, six and one-half months after being taken into custody, B.V. filed a motion for discharge. The state had an additional fifteen days outside of the 90-day period to bring this case to trial under Florida Rule of Juvenile Procedure 8.090(j)(3). R.J.A. v. Foster, 603 So.2d 1167 (Fla.1992). A hearing on the motion for discharge was held April 9,1992, and the trial was held May 20, 1992. These hearings were obviously held outside the window period provided by the rule.

As in E.R. v. State, 617 So.2d 1149 (Fla. 2d DCA 1993), we hold the trial court erred in denying B.V.’s motion for discharge. Accordingly, we reverse the order adjudicating B.V. delinquent and remand with instructions to discharge.

RYDER, A.C.J., and PARKER, J., concur.

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