STATE v. C.C.B.

No. 84-645.

465 So.2d 1379 (1985)

STATE of Florida, Appellant, v. C.C.B., a Child Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellee.


ORFINGER, Judge.

The trial court dismissed a petition for delinquency on the ground that "[i]t would not be in the best interest of the child for the case to be prosecuted... ." and the State appeals. We hold that the determination of whether or not to prosecute is a function of the state attorney and not of the court, and we therefore reverse.

On March 12, 1984 a petition for delinquency was filed alleging that C.C.B. had committed burglary and grand theft...

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