R.Y. v. STATE

No. 91-3017.

597 So.2d 950 (1992)

R.Y., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 1, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

R.Y., a minor child, appeals a final order adjudicating him delinquent for the offense of attempted escape from a juvenile detention facility under section 39.061, Florida Statutes (Supp. 1990). R.Y. challenges his delinquency adjudication on grounds that section 39.061 violates the separation of powers clause of the Florida Constitution and the due process clauses of the Florida and federal Constitutions. We hold the statute unconstitutional and reverse...

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