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STATE v. J.A., JR.

Nos. 78-1574 and 78-1653.

367 So.2d 702 (1979)

STATE of Florida, Appellant, v. In the Interest of J.A., JR., and in the Interest of A.M.F., Appellees.

District Court of Appeal of Florida, Second District.

February 14, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty., Gen., Tallahassee, and Michael A. Palecki and C. Marie King, Asst. Attys. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, Bartow, Karal B. Rushing, Asst. Public Defender, Tampa, for appellee J.A., Jr.

William Murphy, Asst. Public Defender, Tampa, for appellee A.M.F.

GRIMES, Chief Judge.

Is a delinquency petition timely when filed on a Monday which is the thirty-first day after the complaint has been referred to the intake officer?

In each of these cases, the thirtieth day following the date of referral was a Sunday. The petitions were filed the following Monday. Both petitions were dismissed as untimely filed.

Section 39.05(7), Florida Statutes (1977), states that "a petition alleging delinquency shall be dismissed...

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