IN RE FLORIDA RULES OF JUVENILE PROCEDURE

Fla. | 1980-06-09
No. 57735
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur.
389 So. 2d 197 Florida Supreme Court (1980) Positive Treatment
Cited by 20 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

To make our rule consistent with section 39.05(6), Florida Statutes (1979), Florida Rule of Juvenile Procedure 8.110(e) is hereby amended, effective this date, to read as follows:

8.110(e) On motion by or in behalf of a child a petition alleging delinquency or ungovernability subsequent to a prior adjudication of ungovernability shall be dismissed with prejudice if it was not filed within forty-five (45) days from the date the complaint was referred to the intake office. However, the court may grant an extension of time not to exceed an additional fifteen (15) days upon such motion by the state attorney when, in the opinion of the court, such additional time is justified because of exceptional circumstances.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (20 total)

  • Thompson v. State, 759 So. 2d 650 (Fla. 2000)
    …victim in the motel room. The victim died as a result of internal bleeding and multiple injuries. The murder had been witnessed by Barbara Savage, who apparently feared equivalent treatment had she tried to leave the motel room. Thompson v. State, 389 So. 2d 197, 198 (Fla.1980). Thompson pleaded guilty to first-degree murder, involuntary sexual battery and kidnapping. Thompson received a death sentence for the first-degree murder conviction and concurrent life sentences for the involuntary sexual battery a…
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  • Akeem Muhammad v. State, 782 So. 2d 343 (Fla. 2001)
    …the defendant without such advisory jury recommendation.” State v. Carr, 336 So. 2d 358, 359 (Fla.1976). Following Carr, we have upheld the exercise of the trial court’s discretion in Sired v. State, 587 So. 2d 450 (Fla.1991), and Thompson v. State, 389 So. 2d 197, 200 (Fla.1980). Although the defendants in these previous cases did not refuse to present mitigating evidence, we do not find that factor alone sufficient to find reversible error in this case.8 We do find, however, that the trial court erred when…
  • Reynolds v. State, 934 So. 2d 1128 (Fla. 2006)
    …So. 2d at 359 (emphasis supplied). This Court, on more than one occasion, has upheld the exercise of a trial court’s discretion in favor of requiring an advisory jury recommendation. See Sireci v. State, 587 So. 2d 450 (Fla.1991); Thompson v. State, 389 So. 2d 197 (Fla.1980). In Muhammad v. State, 782 So. 2d 343 (Fla.2001), we addressed a scenario almost identical to the present case. In Muhammad, the defendant waived the right to a jury’s sentencing recommendation and the right to present mitigating evidenc…

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