Summary
holding trial court's dismissal of case after the child, an Argentinean citizen, failed to appear for arraignment encroached upon State's prosecutorial authority
Summary of this case from State v. W.D.Opinion
No. 91-784.
October 24, 1991.
Appeal from the Circuit Court, Orange County, Thomas S. Kirk, J.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellant.
No Appearance for appellee.
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. State v. S.C., 558 So.2d 522 (Fla. 5th DCA 1990). We reverse the dismissal and remand for issuance of the statewide custody order requested by the state.
REVERSED and REMANDED.
W. SHARP and HARRIS, JJ., concur.