State v. E.G.
State v. E.G.
Opinion of the Court
The State of Florida (“State”) appeals an order of the trial court that discharged a petition of delinquency filed against ap-pellee, E.G., a juvenile, because appellee’s ninety-day speedy trial period expired. We reverse.
At the hearing on the motion to dismiss, the trial found that, pursuant to Florida Rule of Juvenile Procedure 8.090(d), the time period for holding the adjudicatory hearing had expired. The State asked the trial court to allow it the time period provided in Florida Rule of Juvenile Procedure 8.090(m).
In the trial court’s order granting the motion to dismiss, the judge clearly set forth the ground for dismissal. In the order, the trial court wrote:
This Cause having come before the Court on the Respondent’s Motion to Dismiss the Petition, hereby grants the Motion for the reasons set forth in the Agreed Statement of Facts of the proceeding that occurred in court on July 11, 2008, in front of the Honorable Mercedes Bach, who found that the speedy trial period had run (emphasis added).
Thus, the trial court unequivocally stated that it based its dismissal of charges on the Agreed Statement of Facts.
We reverse the order of dismissal and remand for further proceedings.
Reversed and remanded.
. Florida Rule of Juvenile Procedure 8.090(m) addresses die remedy for failure to try a juvenile within the specified time. Subsection (3) states that if the motion for discharge is legally sufficient the court "shall
. The record of the proceeding had been lost by the court reporter and this Court had earlier relinquished jurisdiction so that the record could be reconstructed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.