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STATE v. D.C.W.

No. 81-1699.

426 So.2d 970 (1982)

STATE of Florida, Appellant, v. D.C.W., a Child, Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

LETTS, Chief Judge.

This appeal is brought by the state from an order granting a motion to dismiss because the petition alleging delinquency was not filed within 45 days from the date the child was first taken into custody.1 We agree with the state and reverse.

The instant child was originally taken into custody and indicted by a grand jury for burglary in the company of an armed unindicted co-defendant. Pursuant to Section 39...

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