J.H. v. State, AK-414
| Decision Date | 04 January 1983 |
| Docket Number | No. AK-414,AK-414 |
| Citation | 424 So.2d 928 |
| Parties | J.H., a child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Melanie Ann Hines, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
J.H., a juvenile, raises two points on appeal. We need only address the dispositive Point One: whether the trial court erred in denying appellant J.H.'s motion to dismiss the amended delinquency petition filed against him.
Appellant argues the amended petition should have been dismissed since it was not filed within 45 days from the date appellant was taken into custody. We agree and reverse.
On November 16, 1981, J.H. was taken into custody for purposes of juvenile procedure. On December 14, 1981, the State filed a delinquency petition against appellant, alleging that he had committed aggravated battery on William Klein. On January 4, 1982, the State filed an amended delinquency petition against appellant J.H., changing the name of the victim from William Klein to David Klein.
Prior to the hearing on the amended petition, appellant J.H. moved to dismiss the petition because it contained an entirely new charge against appellant which was not filed within the required time period of 45 days as set forth in section 39.05(6), Fla.Stat. (1981). The trial court found the change was a technical one and ordered that the proceedings could continue on the amended petition. At the delinquency hearing, appellant renewed his motion to dismiss based on the filing requirement of section 39.05(6).
Again the trial court denied appellant's motion and found appellant guilty of battery. Thereafter, at the disposition hearing, the trial court withheld adjudication of delinquency and placed appellant on community control under the supervision of the Department of Health and Rehabilitative Services.
Appellant contends the amended petition alleged a separate and unique offense from the first petition because it contained a materially different fact from that against which the defense was originally prepared to defend.
Appellee maintains the trial court did not err in denying the motion to dismiss. Appellee argues that appellant failed to show that he was prejudiced by the filing of the petition since the amended petition was filed well before the hearing on the merits.
We conclude that the original petition was fatally defective because it alleged the wrong victim. In T.R. v. State, 364 So.2d 100 (Fla. 1st DCA 1978), we held that an allegation in a delinquency petition placing ownership of stolen property in a wrong person--that...
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...under the juvenile justice statute, for proceeding against the accused juvenile by indictment; and the decisions in J.H. v. State, 424 So.2d 928 (Fla. 1st DCA 1983), and T.R. v. State, 364 So.2d 100 (Fla. 1st DCA 1978), where even the filing of delinquency petitions were held not to toll th......
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M.F. v. State
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B.T. v. State, 90-2044
...shall instruct the jury accordingly.3 Appellant relies heavily on T.R. v. State, 364 So.2d 100 (Fla. 1st DCA 1978), and J.H. v. State, 424 So.2d 928 (Fla. 1st DCA 1983), to support his argument that if an amendment which changes the name of the victim is considered to allege a wholly differ......
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State v. T.A., 87-1149
...find that the juvenile court properly dismissed the amended petitions. T.R. v. State, 364 So.2d 100 (Fla. 1st DCA 1978); J.H. v. State, 424 So.2d 928 (Fla. 1st DCA 1983). See also, Rubin; Affirmed. LEHAN and FRANK, JJ., concur. ...