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C.C. v. FERGUSON

No. 82-875.

417 So.2d 782 (1982)

C.C., a Juvenile, Petitioner, v. The Honorable Ralph B. FERGUSON, Jr., Judge of the Eleventh Judicial Circuit in and for Dade County, Juvenile Division, Respondent.

District Court of Appeal of Florida, Third District.

August 3, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for petitioner.

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

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

After petitioner was acquitted of a charge of grand theft, the state filed a new petition for delinquency based on facts arising out of the same incident as those involved in the charge for which petitioner was acquitted.

The second petition was more than 45 days after petitioner was arrested for the events which led to the first charge.

The trial court lacks jurisdiction to entertain the second petition, therefore, the petitioner is entitled...

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