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JONES v. STATE

No. 82-1503.

443 So.2d 434 (1984)

Clifford Ray JONES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 5, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction in a burglary case. As his point on appeal, appellant challenges the constitutionality of Section 39.04(2)(e)(4), Florida Statutes (1981).

(e) The state attorney shall in all cases have the right to take action, regardless of the action or lack of action of the intake officer, and shall determine the action which is in the best interest of the public and the child. The state attorney may: * * ...

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