C. C. v. Ferguson

District Court of Appeal of Florida

C. C. v. Ferguson

417 So. 2d 782, 1982 Fla. App. LEXIS 20741

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1982

DocketNo. 82-875

StatusPublished

This text of 417 So. 2d 782 (C. C. v. Ferguson) 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

C. C. v. Ferguson, 417 So. 2d 782, 1982 Fla. App. LEXIS 20741 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

After petitioner was acquitted of a charge of grand theft, the state filed a new petition for delinquency based on facts arising out of the same incident as those involved in the charge for which petitioner was acquitted.

The second petition was more than 45 days after petitioner was arrested for the events which led to the first charge.

The trial court lacks jurisdiction to entertain the second petition, therefore, the petitioner is entitled to a writ of prohibition, absolute. Thomas v. State, 374 So.2d 508 (Fla.1979); T. R. v. State, 364 So.2d 100 (Fla. 1st DCA 1978).

[783]*783It is assumed that it will not be necessary to issue the writ in fact and that the respondent will discharge the petitioner upon receipt of this opinion and decision.

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