State v. Wesley

District Court of Appeal of Florida

State v. Wesley

522 So. 2d 1007, 13 Fla. L. Weekly 799, 1988 Fla. App. LEXIS 1292, 1988 WL 26745

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1988

DocketNo. 87-439

StatusPublished

Cited by1 cases

This text of 522 So. 2d 1007 (State v. Wesley) 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

State v. Wesley, 522 So. 2d 1007, 13 Fla. L. Weekly 799, 1988 Fla. App. LEXIS 1292, 1988 WL 26745 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Appellee was arrested and placed in juvenile detention on June 20, 1986. Subsequently, he was charged by information in circuit court as an adult with various felonies stemming from the same conduct which gave rise to the original arrest. Ap-pellee moved for discharge under the juvenile speedy trial rule. The trial judge granted the motion for discharge and dismissed the charge.

At the hearing, all parties agreed that appellee was not entitled to be discharged under the adult speedy trial rule, but would be entitled to discharge under the juvenile speedy trial rule, rule 8.180, Florida Rules of Juvenile Procedure, if the juvenile rule applied. We find this case controlled by Bell v. State, 479 So.2d 308 (Fla. 2d DCA 1985), holding that the juvenile speedy trial rule is inapplicable to a child against whom an information has been properly filed. See also Parr v. State, 415 So.2d 1353 (Fla. 4th DCA 1982), petition for review denied, 424 So.2d 763 (Fla.1982). We acknowledge conflict with State v. Perez, 400 So.2d 91 (Fla. 3d DCA 1981), petition for review denied, 412 So.2d 470 (Fla.1982).

[1008]*1008Therefore, the orders of discharge and dismissal are hereby reversed.

DANAHY, C.J., and FRANK and PARKER, JJ., concur.

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PER CURIAM.

Appellee was arrested and placed in juvenile detention on June 20, 1986. Subsequently, he was charged by information in circuit court as an adult with various felonies stemming from the same conduct which gave rise to the original arrest. Ap-pellee moved for discharge under the juvenile speedy trial rule. The trial judge granted the motion for discharge and dismissed the charge.

At the hearing, all parties agreed that appellee was not entitled to be discharged under the adult speedy trial rule, but would be entitled to discharge under the juvenile speedy trial rule, rule 8.180, Florida Rules of Juvenile Procedure, if the juvenile rule applied. We find this case controlled by Bell v. State, 479 So.2d 308 (Fla. 2d DCA 1985), holding that the juvenile speedy trial rule is inapplicable to a child against whom an information has been properly filed. See also Parr v. State, 415 So.2d 1353 (Fla. 4th DCA 1982), petition for review denied, 424 So.2d 763 (Fla.1982). We acknowledge conflict with State v. Perez, 400 So.2d 91 (Fla. 3d DCA 1981), petition for review denied, 412 So.2d 470 (Fla.1982).

[1008]*1008Therefore, the orders of discharge and dismissal are hereby reversed.

DANAHY, C.J., and FRANK and PARKER, JJ., concur.

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Bluebook (online)

522 So. 2d 1007, 13 Fla. L. Weekly 799, 1988 Fla. App. LEXIS 1292, 1988 WL 26745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wesley-fladistctapp-1988.

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