C.L.S. v. State

District Court of Appeal of Florida

C.L.S. v. State

592 So. 2d 1257, 1992 Fla. App. LEXIS 898, 1992 WL 20036

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1992

DocketNo. 91-03450

StatusPublished

This text of 592 So. 2d 1257 (C.L.S. 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

C.L.S. v. State, 592 So. 2d 1257, 1992 Fla. App. LEXIS 898, 1992 WL 20036 (Fla. Ct. App. 1992).

Pincite

Opinion

SCHOONOVER, Chief Judge.

C.L.S., a child, challenges an adjudication of delinquency for escaping from a juvenile detention facility in violation of section 39.-061, Florida Statutes (Supp.1990). We reverse.

In K.K.P. v. State, 590 So.2d 44 (Fla. 2d DCA 1991), this court considered the same factual situation and adopted the holding of our sister court in L.V.M. v. State, 584 So.2d 225 (Fla. 1st DCA 1991). In L.V.M., L.V.M., K.K.P., and the appellant in this case were codefendants at the same adjudicatory hearing. At the conclusion of the hearing, the appellant was found guilty of committing a delinquent act by escaping from a juvenile detention facility with the other codefendants. The juvenile court transferred the appellant’s case to Polk County for disposition. The appellant filed a timely notice of appeal from the final order entered in Polk County.

In L. V.M., the court found that the facts were not materially distinguishable from those presented in K.A.N. v. State, 582 So.2d 57 (Fla. 1st DCA 1991), and reversed L.V.M.’s adjudication and remanded with directions to discharge him. We agree again with our sister court’s holding in L.V.M. and, accordingly, on the authority of K.A.N., L.V.M., and K.K.P., reverse and remand with instructions to discharge the appellant on the escape charge.

Reversed and remanded.

DANAHY and LEHAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SCHOONOVER, Chief Judge.

C.L.S., a child, challenges an adjudication of delinquency for escaping from a juvenile detention facility in violation of section 39.-061, Florida Statutes (Supp.1990). We reverse.

In K.K.P. v. State, 590 So.2d 44 (Fla. 2d DCA 1991), this court considered the same factual situation and adopted the holding of our sister court in L.V.M. v. State, 584 So.2d 225 (Fla. 1st DCA 1991). In L.V.M., L.V.M., K.K.P., and the appellant in this case were codefendants at the same adjudicatory hearing. At the conclusion of the hearing, the appellant was found guilty of committing a delinquent act by escaping from a juvenile detention facility with the other codefendants. The juvenile court transferred the appellant’s case to Polk County for disposition. The appellant filed a timely notice of appeal from the final order entered in Polk County.

In L. V.M., the court found that the facts were not materially distinguishable from those presented in K.A.N. v. State, 582 So.2d 57 (Fla. 1st DCA 1991), and reversed L.V.M.’s adjudication and remanded with directions to discharge him. We agree again with our sister court’s holding in L.V.M. and, accordingly, on the authority of K.A.N., L.V.M., and K.K.P., reverse and remand with instructions to discharge the appellant on the escape charge.

Reversed and remanded.

DANAHY and LEHAN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

592 So. 2d 1257, 1992 Fla. App. LEXIS 898, 1992 WL 20036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cls-v-state-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack