S.M. v. STATE

No. 80-532.

398 So.2d 496 (1981)

S.M., a Juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Deborah Whisnant, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


PER CURIAM.

The issue before us is whether a petition for delinquency was untimely filed and therefore subject to dismissal. Finding that it was, we reverse the order which denied the motion to dismiss and remand the cause with directions to discharge the juvenile from custody.

The juvenile was arrested on November 11, 1979. However, the sworn complaint, required by Section 39.03(4)(a), Florida Statutes (1979), was...

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