J. W. H., In Interest of, EE--72
| Decision Date | 18 May 1977 |
| Docket Number | No. EE--72,EE--72 |
| Citation | 345 So.2d 871 |
| Parties | In the Interest of J. W. H. J. H. N., and T. A. B., children, Appellants, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael J. Minerva, Public Defender, and David J. Busch, Asst. Public Defender, for appellants.
Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.
The primary issue involved in this appeal is whether the trial court erred in denying appellant-juveniles' motions for discharge. We are here confronted with whether the legislative intent of the word 'shall' in Section 39.03(2), Florida Statutes, is mandatory or directory.
J. W. H. and T. A. B. were arrested on April 17, 1976, and J. H. N. was arrested on April 27, 1976. The complaints were received by the Division of Youth Services intake officer on August 2, 1976, and petitions were filed in the Circuit Court of Wakulla County on August 19 and August 20, 1976.
On October 5, 1976, appellants filed motions for discharge alleging, primarily, that they had been denied their rights to speedy trial. The trial court denied their motions for discharge, and subsequently appellants entered pleas of nolo contendere specifically reserving their right to appeal. The trial court adjudged appellants to be delinquent and placed them on probation under the supervision of the Division of Youth Services for an indefinite period.
Appellants contend that when Section 39.03(2), Florida Statutes, is read in pari materia with Fla.R.Juv.P. 8.120, they were entitled, upon the facts of this case, to be discharged from Division of Youth Services supervision. We agree and reverse.
Section 39.03(2), Florida Statutes, provides, in pertinent part, that 'the person taking the child into custody Shall, within three days, make a full written report to the appropriate officer, stating the facts by reason of which the child was taken into custody' (emphasis supplied). Florida Rule of Juvenile Procedure 8.120 provides that a juvenile case must be brought to trial within 90 days of the day a complaint is filed with the Division of Youth Services intake officer.
The state contends that the three-day requirements as provided in Section 39.03(2), Florida Statutes, is merely a direction in procedure and that a technical violation does not affect any substantial rights of a juvenile.
In the recent Florida Supreme Court opinion of S.R., a child v. State, Fla., 346 So.2d 1018, 1977, the court held that 'shall' as contained in Section 39.05(7) is mandatory and thus a petition alleging delinquency must be dismissed...
To continue reading
Request your trial
-
Tascano v. State, KK-22
...(Fla.1973); Neal v. Bryant, 149 So.2d 529 (Fla.1962); Johnson v. State, 355 So.2d 857 (Fla. 3d D.C.A. 1978); In the Interest of J.W.H. v. State, 345 So.2d 871 (Fla. 1st D.C.A. 1977); White v. Means, 280 So.2d 20 (Fla. 1st D.C.A. 1973); Florida Tallow Corporation v. Bryan, 237 So.2d 308 (Fla......
-
S. M. v. State, 80-532
...may have been filed within a day or two after the sworn complaint, well within the total statutory time allotted.5 J. W. H. v. State, 345 So.2d 871 (Fla. 1st DCA 1977), with which conflict was found in G. L. T., Jr., concerned only the interplay between the predecessor to Sec. 39.03(4)(a) a......
-
G. L. T. v. State
...of the District Court of Appeal, Fourth District, 1 which are alleged to be in direct conflict with In the Interest of J.W.H., et al. v. State, 345 So.2d 871 (Fla. 1st DCA 1977). We exercise our discretionary review pursuant to Article V, Section 3(b)(3), Florida In the Interest of R.P.C. v......
-
R. P. C., In Interest of
...affirmed. 1 AFFIRMED. MAGER, C. J., and ANSTEAD, J., concur. 1 We have not overlooked the recent opinion from the First District, In re J. W. H., 345 So.2d 871 (Fla. 1st DCA opinion filed May 18, 1977). That case is distinguishable because there the child was prejudiced by the delay in fili......