THE STATE OF FLORIDA, APPELLANT,
v.
FLETCHER EVERETT, APPELLEE
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The trial court departed from the essential requirements of law by transferring the cause to the juvenile division over the state's objection.
The state filed a delinquency petition and a motion to transfer the juvenile to adult court, which was denied. The state then direct-filed an informat…
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PER CURIAM.
The State of Florida seeks review of an order transferring charges against Everett from the criminal division to the juvenile division of the circuit court. We treat the notice of appeal as a petition for certiorari. State v. Owens, 395 So. 2d 1215 (Fla. 4th DCA1981). We grant the petition and quash the order under review.
The state filed a delinquency petition charging Everett in the juvenile division. The state filed a motion to transfer and to certify Everett for trial as an adult pursuant to section 39.052(2), Florida Statutes (1991). The juvenile division denied the motion. Thereafter, the state direct-filed an information against Everett in the criminal division pursuant to section 39.047(4)(e)(5), Florida Statutes (1991). Everett moved to dismiss the information; the court treated the motion as a motion to transfer, granted the motion, and entered an order transferring the cause back to the juvenile division.
We hold that the trial court departed from the essential requirements of law in transferring the cause, over state objection, to the juvenile division. The state attorney is not precluded from direct-filing an information despite initially filing a delinquency petition. Lott v. State, 400 So. 2d 10, 12 (Fla.1981) (“[T]he initial processing of a juvenile through the juvenile court system did not preclude the state attorney from filing an information in the felony division of the circuit court, and [the state attorney] was not required to first obtain a written waiver or a transfer of jurisdiction from the court.”). Moreover, the state may direct-file an information irrespective of the juvenile court’s denial of its motion to certify Everett for trial as an adult. Petithomme v. State, 610 So. 2d 450 (Fla. 3d DCA1992). Accordingly, the order under review is quashed and the cause remanded for proceedings consistent with this opinion.
Certiorari granted; order quashed; and cause remanded.
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Washington v. State, 642 So. 2d 61 (Fla. 3d DCA 1994)…tions be imposed. Section 39.04(3)(e)(4), Fla.Stat. (1989). This statute gave the state attorney the right to file an information against the defendant without first obtaining a transfer of jurisdiction from the juvenile court. See State v. Everett, 624 So. 2d 853 (Fla. 3d DCA 1993); State ex rel. Register v. Safer, 368 So. 2d 620 (Fla. 1st DCA 1979). Furthermore, defendant contends that the trial court was barred from sentencing him as an adult without first providing written reasons and findings of fact to…
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State v. Olivo, 759 So. 2d 647 (Fla. 2000)…994).5 Moreover, the State may file an information rather than a petition for delinquency [*650] without first obtaining a transfer of jurisdiction from the juvenile court. See Washington v. State, 642 So. 2d 61 (Fla. 3d DCA 1994); State v. Everett, 624 So. 2d 853 (Fla. 3d DCA 1993) (holding that “the state attorney is not precluded from direct-filing an information despite initially filing a delinquency petition” and noting that a transfer of jurisdiction was not required). Furthermore, section 39.0587, Flor…
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Authorities Cited
- Lott v. State, 400 So. 2d 10 (Fla. 1981)
- State v. Owens, 395 So. 2d 1215 (Fla. 4th DCA 1981)
- Petithomme v. State, 610 So. 2d 450 (Fla. 3d DCA 1992)