In the Interest of M.M. v. State

District Court of Appeal of Florida

In the Interest of M.M. v. State

597 So. 2d 951, 1992 Fla. App. LEXIS 4629, 1992 WL 76729

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1992

DocketNo. 91-3379

StatusPublished

Cited by2 cases

This text of 597 So. 2d 951 (In the Interest of M.M. 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.

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In the Interest of M.M. v. State, 597 So. 2d 951, 1992 Fla. App. LEXIS 4629, 1992 WL 76729 (Fla. Ct. App. 1992).

Pincite

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 matter is remanded to the lower tribunal with instructions to discharge appellant.

JOANOS, C.J., and BOOTH and ZEHMER, JJ., concur.

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