In the Interest of J.S. v. State

District Court of Appeal of Florida

In the Interest of J.S. v. State

597 So. 2d 948, 1992 WL 85104

Procedural entryThis page is a short order in In the Interest of J.S. v. State. Read the opinion of the Court — 14 Fla. L. Weekly 2689 →

District Court of Appeal of Florida·Decided April 30, 1992·No. No. 91-3568·Published

Opinion

PER CURIAM.

The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.

We recently held section 39.061, Florida Statutes (Supp.1990) unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P.

Accordingly, appellant’s adjudication of delinquency is hereby reversed and this [949]*949matter is remanded to the lower tribunal with instructions to discharge appellant.

SHIVERS, KAHN and WEBSTER, JJ., concur.

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PER CURIAM.

The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.

We recently held section 39.061, Florida Statutes (Supp.1990) unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P.

Accordingly, appellant’s adjudication of delinquency is hereby reversed and this [949]*949matter is remanded to the lower tribunal with instructions to discharge appellant.

SHIVERS, KAHN and WEBSTER, JJ., concur.

In the Interest of J.S. v. State, 597 So. 2d 948, 1992 WL 85104 (Fla. Ct. App. 1992).

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Opinion

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