STATE v. M.J.B.

No. 90-1275.

576 So.2d 966 (1991)

STATE of Florida, Appellant, v. M.J.B., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.


COBB, Judge.

M.J.B., a juvenile, was charged with petit theft, and the trial date was set for June 7, 1990. At the time of trial (before jeopardy attached) the state moved for a continuance, the motion was denied, and the state announced a nol pros. At that point, defense counsel asserted that the nol pros was a "sleazy tactic" and that the case should be dismissed by the court due to the state's "failure to present evidence of delinquency." The state attorney argued...

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