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485 So. 2d 13

485 So.2d 13

11 Fla.L.Weekly 647

Docket No. 85-291.

LGR v. State

L.G.R., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 11, 1986.

District Court of Appeal of Florida · decided 1986-03-11

Cited by 6 later decisions — most recently December 1994

6 state decisions

Key passage — most relied on by later courts

“merely substituted the correct name of the victim,”

quoted by 1 later decision, including 583 So. 2d 1383 - MF v. State

“did not substantially alter the initial petition.”

quoted by 1 later decision, including 583 So. 2d 1383 - MF v. State

Relies on 390 So. 2d 322 - Rubin v. State · 453 So. 2d 905 - State v. Garofalo · 424 So. 2d 928 - JH v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-11

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for appellee.

¶3Before HENDRY, BASKIN and JORGENSON, JJ.

¶4PER CURIAM.

¶5Finding no error in the trial court's denial of defendant's motion to dismiss the amended petition, we affirm the adjudication of delinquency. The amended petition was filed after the expiration of the forty-five day filing period and merely substituted the correct name of the victim of the alleged offenses; it did not substantially alter the initial petition. Because the initial petition adequately informed defendant of the charges, we hold that the timely filing of the initial petition tolled the statutory filing period. State v. D.I.,474 So.2d 408 (Fla. 4th DCA 1985); see Rubin v. State,390 So.2d 322 (Fla. 1980); State v. Garofalo,453 So.2d 905 (Fla. 4th DCA 1984). Contra J.H. v. State,424 So.2d 928 (Fla. 1st DCA 1983).

¶6Affirmed.

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