State v. P.S.

District Court of Appeal of Florida

Decided October 24, 1991

District Court of Appeal of Florida · decided 1991-10-24

Cited by 3 later decisions — most recently May 2013

3 state decisions

Key passage — most relied on by later courts

“In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney.”); Dep't of Health & Rehab. Servs. v. Brooke, 573 So.2d 363, 370 (Fla. 1st DCA 1991) (observing that the legislature’s appropriations power was”

quoted by 1 later decision, including Florida Department of Children & Families v. Y.C.

Relies on State v. S.C.

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-24

View the full empirical analysis of this case →

PETERSON, Judge.

¶1The 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.

¶2REVERSED and REMANDED.

W. SHARP and HARRIS, JJ., concur.