T.R. v. State, 2D12–3140.

• Decision Date: 15 June 2012
• Docket Number: No. 2D12–3140.,2D12–3140.
• Citation: 95 So.3d 232
• Parties: T.R., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
• Court: Florida District Court of Appeals

95 So.3d 232

T.R., Appellant/Petitioner(s),

v.STATE of Florida, Appellee/Respondent(s).

No. 2D12–3140.

District Court of Appeal of Florida,

Second District.

June 15, 2012.

OPINION TEXT STARTS HEREBY ORDER OF THE COURT.

T.R.'s petition for writ of certiorari is granted to the extent that we quash the trial court's 72–hour pick-up order to take into custody. The juvenile need not be taken into custody and transported or surrendered to the Juvenile Assessment Center on June 17, 2012, but she must appear at the adjudicatory hearing scheduled for June 19, 2012.

As reflected in the transcript of the May 30, 2012, hearing, the trial court correctly noted that the State had failed to establish that the juvenile had been properly noticed before failing to appear on February 2, 2012, February 14, 2012, and May 2, 2012. Further, the court determined that nothing in the court's records reflected the requisite notice. The court also made no finding that T.R. acted willfully as required by the applicable statute. See§ 985.255(1)(i), (j), Fla. Stat. (2012); C.B. v. Dobuler, 997 So.2d 463, 465 (Fla. 3d DCA 2008). There was therefore no basis for the court to order the juvenile to be taken into custody 72–hours in advance of the next scheduled hearing pursuant to section 985.255(i) or (j)-

SILBERMAN, C.J., and DAVIS and MORRIS, JJ. Concur.