STATE v. P.S.

No. 91-784.

587 So.2d 672 (1991)

STATE of Florida, Appellant, v. P.S., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

October 24, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

No Appearance for appellee.


PETERSON, Judge.

The state appeals the trial court's dismissal of a delinquency petition charging a juvenile with a second-degree misdemeanor. The juvenile, a citizen of Argentina, failed to appear for trial, and the state requested a statewide custody order which would allow custodial detention if the child should return to this country. In dismissing the petition upon its own motion, the trial court encroached upon the prosecutorial authority of the state attorney...

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