State v. P.S.

District Court of Appeal of Florida

State v. P.S.

587 So. 2d 672, 1991 Fla. App. LEXIS 10521, 1991 WL 213276

District Court of Appeal of Florida·Decided October 24, 1991·No. No. 91-784·Published·Cited by 3 cases

Opinion

PETERSON, Judge.

The state appeals the trial court’s dismissal of a delinquency petition charging a juvenile with a second-degree misdemean- or. The juvenile, a citizen of Argentina, failed to appear for trial, and the state requested a statewide custody order which would allow custodial detention if the child should return to this country. In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney. State v. S.C., 558 So.2d 522 (Fla. 5th DCA 1990). We reverse the dismissal and remand for issuance of the statewide custody order requested by the state.

REVERSED and REMANDED.

W. SHARP and HARRIS, JJ., concur.

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PETERSON, Judge.

The state appeals the trial court’s dismissal of a delinquency petition charging a juvenile with a second-degree misdemean- or. The juvenile, a citizen of Argentina, failed to appear for trial, and the state requested a statewide custody order which would allow custodial detention if the child should return to this country. In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney. State v. S.C., 558 So.2d 522 (Fla. 5th DCA 1990). We reverse the dismissal and remand for issuance of the statewide custody order requested by the state.

REVERSED and REMANDED.

W. SHARP and HARRIS, JJ., concur.

State v. P.S., 587 So. 2d 672, 1991 Fla. App. LEXIS 10521, 1991 WL 213276 (Fla. Ct. App. 1991).

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