Dependency Law Finder

1. State v. Cain 381 So. 2d 1361 · SC56528 · Florida Supreme Court 1980

   This opinion cites § 39.04 17 times, the section generally

   · cited by 99 in all courts

   …constitutionally vest the state attorney with authority to criminally prosecute a juvenile who is sixteen years of age or older as an adult under subsection 39.04(2)(e)4, Florida Statutes (Supp. 1978), when the juvenile has in the past committed two delinquent acts one of which involved an offense classified under Florida law…

2. State v. Perez 400 So. 2d 91 · 3D80-948 · 3rd DCA 1981

   This opinion cites § 39.04 14 times, the section generally

   · cited by 8 in all courts

   …the case of Florida ex rel. Register v. Safer, 368 So.2d 620 (Fla. 1st DCA 1969), (hereinafter referred to as Register ) and Florida Statutes Sections 39.04(2)(3) and (e). 11. The Court heard argument on the State's Motion on March 5, 1980 and March 19, 1980 and specifically considered the arguments raised in the…

3. State v. King 426 So. 2d 12 · SC60857 · Florida Supreme Court 1982

   This opinion cites § 39.04 7 times, the section generally

   · cited by 92 in all courts

   …old at the time of the alleged offense and may criminally prosecute the child and seek the imposition of adult sanctions should the child be convicted. § 39.04(2)(e)4, Fla. Stat. (1981). In this circumstance, if the violation charged is a misdemeanor, [1] the child shall be treated as a juvenile if the child *14 moves…

4. Gilmore v. State 390 So. 2d 69 · SC58678 · Florida Supreme Court 1980

   This opinion cites § 39.04 7 times, the section generally

   · cited by 2 in all courts

   SUNDBERG, Chief Justice. Appellant brings this appeal attacking the constitutionality of section 39.04(2)(e)4, Florida Statutes (1979). He argues that the section is unconstitutional in the following respects: (i) the section violates due process; (ii) the section…

5. Smith v. State 211 So. 3d 176 · 3D14-1635 · 3rd DCA 2016

   This opinion cites § 39.04 6 times, the section generally

   · cited by 5 in all courts

   …that Smith’s contention is without merit. On September 15, 1990—the date when the offenses were committed—Smith was sixteen years old. Section 39.04(3)(e), Florida Statutes (1989),8 provided: (e) The state attorney shall in all cases have the right to take action, regardless of the action or lack…

6. State v. Puckett 384 So. 2d 660 · DCA79-2026 · District Court of Appeal 1980

   This opinion cites § 39.04 5 times, the section generally

   · cited by 6 in all courts

   …on the ground that the information was not timely filed. The motion was granted, and the State appealed. Puckett’s motion to dismiss was based on Sections 39.04(2)(e) and 39.05(6), Florida Statutes (1979). Section 39.04(2)(e) allows the state attorney to file a petition for dependency, a petition for delinquency or, in…

7. State ex rel. Register v. Safer 368 So. 2d 620 · 1DMM-374 · 1st DCA 1979

   This opinion cites § 39.04 5 times, the section generally

   · cited by 19 in all courts

   …chapter shall be deemed to take away from the court any jurisdiction or duties conferred upon the court by general law. B. State contends that under Section 39.04(2)(e)(4) Florida Statutes, an Information may be filed against certain juveniles and that even if the Juvenile Court has obtained jurisdiction over the child and the…

8. Hayes v. State 425 So. 2d 634 · DCA82-1094 · District Court of Appeal 1983

   This opinion cites § 39.04 4 times, the section generally

   · cited by 5 in all courts

   …from a juvenile detention center, a third-degree felony. Appellant filed a motion to dismiss the information, attacking the constitutionality of section 39.04(2)(e)4, Florida Statutes (1981). The trial court denied the motion. Appellant subsequently pled no contest but reserved his right to appeal the denial of his…

9. Lott v. State 400 So. 2d 10 · SC59175 · Florida Supreme Court 1981

   This opinion cites § 39.04 4 times, the section generally

   · cited by 6 in all courts

   …which are dispositive of the proceeding. Brown v. State, 376 So.2d 382 (Fla. 1979). All but one of appellant's constitutional challenges to section 39.04(2)(e)4, Florida Statutes (1979), [1] of Florida's Juvenile Justice Act have been resolved by our recent decision in State v. Cain, 381 So.2d 1361 (Fla.…

10. Masci v. State 397 So. 2d 984 · 3D80-1435 · 3rd DCA 1981

    This opinion cites § 39.04 4 times, the section generally

    · cited by 3 in all courts

    …challenges the determination below that the defendant, Masci, who was 17 years of age, was properly charged as an adult by the state attorney under Section 39.04(2)(e)4, Fla.Stat. (1979), which provides: 4. With respect to any child who at the time of commission of the alleged offense was 16 or 17 years of age, [the state…

11. State v. Owens 395 So. 2d 1215 · DCA80-2230 · District Court of Appeal 1981

    This opinion cites § 39.04 4 times, the section generally

    · cited by 3 in all courts

    …by direct information, pursuant to Section 39.-04(2)(e)(4), Florida Statutes (1979), with the commission of the felony of burglary of a conveyance. Section 39.04(2)(e)(4) states that the state attorney may: With respect to any child who at the time of commission of the alleged offense was 16 or 17 years of age, file an…

12. State v. Griffith 675 So. 2d 911 · SC85295 · Florida Supreme Court 1996

    This opinion cites § 39.04 3 times, the section generally

    · cited by 24 in all courts

    …to be tried as an adult); 39.02(5)(c)1. (authorizing trial as an adult if grand jury indicts child for an offense punishable by death or life imprisonment); 39.04(2)(e)4. (authorizing the state attorney to file an information against a child who was sixteen or seventeen at the time of the offense), Fla.Stat. (1983). In the…

13. Banks v. State 520 So. 2d 43 · 1DBP-378 · 1st DCA 1987

    This opinion cites § 39.04 3 times, the section generally

    · cited by 6 in all courts

    …issues. The record in this case indicates that on June 8, 1984, the state "direct filed" a four-count information against the appellant, pursuant to section 39.04(2)(e)4, Florida Statutes, charging him with armed kidnapping, two counts of sexual battery with a deadly weapon, and attempted first-degree murder. Appellant was 17…

14. D.C. v. State 436 So. 2d 203 · 1DAM-431 · 1st DCA 1983

    This opinion cites § 39.04 3 times, the section generally

    …squabbles. On March 30, 1982, the complaint was referred to an intake counselor at the Department of Health and Rehabilitative Services. Pursuant to Section 39.04, Florida Statutes (1981), an intake counselor's job is to review each juvenile case and recommend to the State Attorney the most appropriate action to take.…

15. D.C. v. State 436 So. 2d 203 · DCAAM-431 · District Court of Appeal 1983

    This opinion cites § 39.04 3 times, the section generally

    · cited by 17 in all courts

    …squabbles. On March 30, 1982, the complaint was referred to an intake counselor at the Department of Health and Rehabilitative Services. Pursuant to Section 39.04, Florida Statutes (1981), an intake counselor’s job is to review each juvenile case and recommend to the State Attorney the most appropriate action to take.…

16. State v. K.E.S. 427 So. 2d 373 · DCA82-1631 · District Court of Appeal 1983

    This opinion cites § 39.04 3 times, the section generally

    · cited by 1 in all courts

    …sworn to by the citizen, and April 30, 1982, the date the sworn complaint was filed with the Clerk of the Circuit Court. We find that neither sections 39.03 and 39.04, Florida Statutes (1981), nor Florida Rule of Juvenile Procedure 8.110(e) dictate a time for the state’s referral of an initial complaint to the Department of…

17. State ex rel. Alton v. Conkling 421 So. 2d 1108 · 5D82-366 · 5th DCA 1982

    This opinion cites § 39.04 3 times, the section generally

    · cited by 12 in all courts

    …a juvenile, seeks a writ of prohibition to prevent his being tried for a felony offense in the adult division of the circuit court. Pursuant to section 39.04(2)(e)(4), Florida Statutes (1979), [1] the State Attorney filed an information against him, charging him with shooting into an occupied residence in violation of…

18. I.H. v. State 405 So. 2d 450 · 1DSS-253 · 1st DCA 1981

    This opinion cites § 39.04 3 times, the section generally

    …was filed on 10 July. An amended information was filed on 16 July. Appellant was a juvenile but was 16 years old, and the information was filed pursuant to § 39.04(2)(e)(4), Florida Statutes (1978 Supp.), which provides that the state attorney may: "[w]ith respect to any child who at the time of commission of the alleged offense…

19. State ex rel. Ortez v. Brousseau 403 So. 2d 549 · 2D81-1370 · 2nd DCA 1981

    This opinion cites § 39.04 3 times, the section generally

    · cited by 3 in all courts

    …his right to be tried in juvenile court by having waited until the day before trial to file his motions to transfer. The applicable portion of section 39.04(2)(e) states: The state attorney may: ... . 4. With respect to any child who at the time of commission of the alleged offense was 16 or 17 years of age, file…

20. Byrd v. State 388 So. 2d 1362 · 5D79-1758/T4-713 · 5th DCA 1980

    This opinion cites § 39.04 3 times, the section generally

    · cited by 7 in all courts

    … Appellant Tom Andrain Byrd was charged with burglary of a dwelling and grand theft. At the time of the offense, he was seventeen years old. Under section 39.04(2)(e)(4), Florida Statutes (1979), jurisdiction was vested in the circuit court. Appellant moved to dismiss alleging that section 39.04(2)(e)(4) was…

21. Interest of V.C.F. v. State 569 So. 2d 1364 · DCA90-1404 · District Court of Appeal 1990

    This opinion cites § 39.04 2 times, the section generally

    · cited by 4 in all courts

    …determine whether the complaint or report is complete, and if it is incomplete, return it to the person or agency originating the report, see section 39.04(2); (5) filing of the intake officer’s recommendation to the state attorney to file the delinquency petition, information, or indictment within 20 days from the…

22. C.S. v. Brown 553 So. 2d 317 · DCA89-2859 · District Court of Appeal 1989

    This opinion cites § 39.04 2 times, the section generally

    · cited by 1 in all courts

    …the respondent has directed us primarily concern the application of speedy trial rules to juveniles against whom informations are filed pursuant to section 39.04(2)(e)4. See State v. Wesley, 522 So.2d 1007 (Fla. 2d DCA 1988); Bell v. State, 479 So.2d 308 (Fla. 2d DCA 1985). These cases hold that the filing of an…

23. Whittington v. State 543 So. 2d 317 · 1D88-1399 · 1st DCA 1989

    This opinion cites § 39.04 2 times, the section generally

    · cited by 4 in all courts

    …and that the state attorney's office was without authority to file an information requiring that adult sanctions be considered or imposed pursuant to section 39.04(2)(e). At the hearing on the motions to vacate and set aside the burglary sentences, the arresting officer, Japour, testified that at the time of the arrest…

24. Bell v. State 479 So. 2d 308 · 2D85-734 · 2nd DCA 1985

    This opinion cites § 39.04 2 times, the section generally

    · cited by 7 in all courts

    …the date the child was taken into custody. Rather than filing a petition for delinquency, the state filed an information pursuant to the authority of section 39.04(2)(e)4, Florida Statutes (1983). Appellant argues that since the juvenile division had jurisdiction over him until the state filed its information, he was…

25. State v. C.C.B. 465 So. 2d 1379 · 5D84-645 · 5th DCA 1985

    This opinion cites § 39.04 2 times, the section generally

    · cited by 8 in all courts

    …State to enter into a deferred prosecution in order for the child to complete his placement *1381 at Rodeheaver Boys' Ranch as a dependent child." Section 39.04(2) (e) states: The state attorney shall in all cases have the right to take action, regardless of the action or lack of action of the intake officer, and shall…

26. In Interest of W.B. 428 So. 2d 309 · 4D81-494 · 4th DCA 1983

    This opinion cites § 39.04 2 times, the section generally

    · cited by 7 in all courts

    …that the new charge would have to be transferred to the juvenile division. Such transfer would have been required because of an anomalous loophole in section 39.04(2)(e)(4), Florida Statutes (Supp. 1980), which then existed. [4] As written, if the juvenile was charged with anything — misdemeanor or felony — he was entitled to…

27. Parr v. State 415 So. 2d 1353 · 4D81-567 · 4th DCA 1982

    This opinion cites § 39.04 2 times, the section generally

    · cited by 10 in all courts

    …establishes. In recent years the legislature has created procedures allowing, in certain circumstances, juvenile offenders to be treated as adults. § 39.04(2)(e), Fla. Stat. (1979). Pursuant to this statutory provision, the state attorney may (a) file a petition for delinquency with a motion to transfer and certify the…

28. Parker v. State 410 So. 2d 215 · DCA80-619 · District Court of Appeal 1982

    This opinion cites § 39.04 2 times, the section generally

    · cited by 1 in all courts

    …the state attorney has initial discretion to determine whether to proceed against a child in excess of sixteen years of age as an adult, pursuant to Section 39.04(2)(e)(4), Florida Statutes (Supp.1978). Masci v. State, 397 So.2d 984 (Fla. 3d DCA 1981). However, as the statute plainly provides, upon motion by the child, the…

29. Interest of I.H. v. State 405 So. 2d 450 · DCASS-253 · District Court of Appeal 1981

    This opinion cites § 39.04 2 times, the section generally

    · cited by 8 in all courts

    …was filed on 10 July. An amended information was filed on 16 July. Appellant was a juvenile but was 16 years old, and the information was filed pursuant to § 39.04(2)(e)(4), Florida Statutes (1978 Supp.), which provides that the state attorney may: “[w]ith respect to any child who at the time of commission of the alleged offense…

30. King v. State 425 So. 2d 1379 · DCA80-1208 · District Court of Appeal 1981

    This opinion cites § 39.04 2 times, the section generally

    · cited by 3 in all courts

    …the state attorney if the state attorney, in his judgment and discretion, determines that the public interest requires imposition of adult sanctions, Section 39.04(2)(e)(4); (4) a child of any age charged with a violation of Florida law punishable by death or life imprisonment shall be tried as an adult if an indictment on such…

31. Dealto v. State 392 So. 2d 61 · DCA80-232 · District Court of Appeal 1981

    This opinion cites § 39.04 2 times, the section generally

    · cited by 2 in all courts

    …Florida Statutes, for holding an adjudicatory hearing, all were exceeded thereby requiring appellant’s discharge. The constitutionality of section 39.04(2)(e)4., Florida Statutes (Supp.1978), was upheld in State v. Cain, 381 So.2d 1361 (Fla.1980) [1980 F.L.W. 163], and in Gilmore v. State, 390 So.2d 69 …

32. State v. Dennis 386 So. 2d 24 · DCA79-1867 · District Court of Appeal 1980

    This opinion cites § 39.04 2 times, the section generally

    · cited by 1 in all courts

    …filed an information in the county court charging appellee, a sixteen-year-old juvenile, with a misdemeanor. The information was filed pursuant to Section 39.04(2)(e)4, Florida Statutes (1979), which authorizes the state attorney to criminally prosecute a juvenile who is sixteen years of age or older as an adult when the…

33. F.S.N. v. Joyce 384 So. 2d 720 · DCA80-792 · District Court of Appeal 1980

    This opinion cites § 39.04 2 times, the section generally

    · cited by 1 in all courts

    …the transfer was not effectuated through the device of a waiver hearing pursuant to Section 39.02(5)(a), nor by the filing of an information under Section 39.04(2)(e), (4), nor by the return of an indictment under Section 39.02(5)(c). The respondent nevertheless contends that Section 39.02(5)(d) applies to all prior…

34. Robidoux v. Coker 383 So. 2d 719 · 4D80-197 · 4th DCA 1980

    This opinion cites § 39.04 2 times, the section generally

    · cited by 11 in all courts

    …upon the filing of an information by the state attorney if the child has previously committed two delinquent acts, one a felony under Florida law. Section 39.04(2)(e)(4). Finally, as is the case here, a child of any age charged with a violation of Florida law punishable by death or life imprisonment shall be tried as an adult…

35. Carter v. State 382 So. 2d 871 · 5D00-352/T1-131 · 5th DCA 1980

    This opinion cites § 39.04 2 times, the section generally

    · cited by 6 in all courts

    …to the juvenile division for adjudicatory hearing and (2) establishes that he has not been twice adjudicated delinquent, one of which was a felony. Sec. 39.04(2)(e)4, Fla. Stat. (1979). The burden of proof for the transfer back to juvenile division is clearly on the child. In order to be committed to the Division of…

36. Brown v. State 263 So. 3d 48 · 4D17-1110 · 4th DCA 2018

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …had been improperly charged by an indictment, the defect could have been remedied quite easily by the filing of an information under section 39.04(2)(e)4, or the transfer of the case to the juvenile division.” Griffith, 675 So. 2d at 913-14 (emphasis added) (quoting King, 426 So. 2d at 15). That is…

37. Williams v. State 754 So. 2d 67 · 4D99-2312 · 4th DCA 2000

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …that respondent had been improperly charged by an indictment, the defect could have been remedied quite easily by the filing of an information under section 39.04(2)(e)4, or the transfer of the case to the juvenile division. Id. at 913-14 (quoting State v. King, 426 So.2d 12, 15 (Fla.1982) (footnote omitted)); …

38. Miller v. State 702 So. 2d 617 · DCA96-2873 · District Court of Appeal 1997

    This opinion cites § 39.04 1 time, the section generally

    · cited by 2 in all courts

    …that respondent had been improperly charged by an indictment, the defect could have been remedied quite easily by the filing of an information under section 39.04(2)(e)4, or the transfer of the case to the juvenile division. 675 So.2d at 913 -14 (quoting King, 426 So.2d at 15 ) (citations omitted). In contrast,…

39. Washington v. State 642 So. 2d 61 · 3D94-5 · 3rd DCA 1994

    This opinion cites § 39.04 1 time, the section generally

    · cited by 5 in all courts

    …criminally prosecute a juvenile sixteen years or older when in his discretion the public interest requires that adult sanctions be imposed. Section 39.04(3)(e)(4), Fla. Stat. (1989). This statute gave the state attorney the right to file an information against the defendant without first obtaining a transfer of…

40. Washington v. State 642 So. 2d 61 · DCA94-5 · District Court of Appeal 1994

    This opinion cites § 39.04 1 time, the section generally

    · cited by 1 in all courts

    …criminally prosecute a juvenile sixteen years or older when in his discretion the public interest requires that adult sanctions be imposed. Section 39.04(3)(e)(4), Fla.Stat. (1989). This statute gave the state attorney the right to file an information against the defendant without first obtaining a transfer of…

41. Iglesias v. State 599 So. 2d 248 · DCA91-892 · District Court of Appeal 1992

    This opinion cites § 39.04 1 time, the section generally

    …Juvenile Justice Act, chap. 39, sets forth the procedures for trying a juvenile as an adult. Sections 39.02(5)(a)-(c), .04(2)(e)(4), Fla.Stat. (1989). Section 39.04(2)(e)(4) delineates the state attorney’s authority to file directly an information in certain cases: the state attorney may “[w]ith respect to any child who at the…

42. Allen v. State 560 So. 2d 1329 · DCA89-1239 · District Court of Appeal 1990

    This opinion cites § 39.04 1 time, the section generally

    · cited by 1 in all courts

    …originally taken into custody and detained as a juvenile offender (§ 39.03, Fla.Stat.) but the state attorney filed a direct information pursuant to section 39.04(2)(e)4., Florida Statutes, charging him with a felony (possession of cocaine, § 893.13(l)(f), Fla.Stat.). The defendant pleaded guilty and was placed on probation for…

43. R.F.R. v. State 558 So. 2d 1084 · 1D89-1621 · 1st DCA 1990

    This opinion cites § 39.04 1 time, the section generally

    … (Fla. 1983); Florida Police Benevolent Ass'n, Inc. v. Florida Dep't of Agric. & Consumer Servs., 557 So.2d 146, 148 (Fla. 1st DCA 1990). Section 39.04(2), Florida Statutes (1987), articulates the process whereby an HRS intake officer makes recommendations to the state attorney, and the state attorney takes…

44. Interest of R.F.R. v. State 558 So. 2d 1084 · DCA89-1621 · District Court of Appeal 1990

    This opinion cites § 39.04 1 time, the section generally

    · cited by 12 in all courts

    …1282 (Fla.1983); Florida Police Benevolent Ass’n, Inc. v. Florida Dep’t of Agric. & Consumer Servs., 557 So.2d 146, 148 (Fla. 1st DCA 1990). Section 39.04(2), Florida Statutes (1987), articulates the process whereby an HRS intake officer makes recommendations to the state attorney, and the state attorney takes…

45. Boudreau v. State 546 So. 2d 1152 · DCA88-01809 · District Court of Appeal 1989

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …resentencing in compliance with section 39.111(7). SCHEB, A.C.J., and DANAHY and SCHOONOVER, JJ., concur. . § 800.04, Fla.Stat. (1987). . See § 39.04(2)(e)4, Fla.Stat. (1987).

46. Reed v. State 544 So. 2d 1077 · 2D88-02254 · 2nd DCA 1989

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …v. State, 388 So.2d 9 (Fla.2d DCA 1980), this court held that even where, as here, a direct information is filed against a juvenile pursuant to section 39.04(2)(e)(4), the trial court is still required to make findings of fact pursuant to the statutory criteria. The direct filing of an information does not constitute an…

47. Davis v. State 511 So. 2d 430 · 2D86-1003 · 2nd DCA 1987

    This opinion cites § 39.04 1 time, the section generally

    · cited by 3 in all courts

    …Davis was charged on April 22, 1983 with the crimes of armed robbery and aggravated battery. He was a juvenile at the time but was tried pursuant to section 39.04(2)(e)(4), Florida Statutes (1983). The trial terminated in a hung jury. Rather than being retried, Davis pleaded no contest to a reduced charge of robbery with a…

48. Green v. State 506 So. 2d 41 · 2D85-2526 · 2nd DCA 1987

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …was 16 years old on June 5, 1983, when he committed the offenses of robbery and second degree grand theft. The state attorney, acting pursuant to section 39.04(2)(e)(4), Florida Statutes (1983), filed an information requesting that adult sanctions be imposed upon Green. Green pleaded nolo contendere to the robbery charge,…

49. State v. Gibron 478 So. 2d 475 · 2D84-2806 · 2nd DCA 1985

    This opinion cites § 39.04 1 time, the section generally

    · cited by 9 in all courts

    …was filed charging defendant with DUI manslaughter and manslaughter culpable negligence, causing defendant to be treated as an adult, pursuant to section 39.04(2)(e)(4). Defendant pled nolo contendere as charged. The trial court withheld adjudication and sentenced defendant to ten years' probation, the first two years to…

50. Jones v. State 443 So. 2d 434 · 5D82-1503 · 5th DCA 1984

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    … DAUKSCH, Judge. This is an appeal from a conviction in a burglary case. As his point on appeal, appellant challenges the constitutionality of Section 39.04(2)(e)(4), Florida Statutes (1981). (e) The state attorney shall in all cases have the right to take action, regardless of the action or lack of action of the intake…

51. State v. Fitzpatrick 430 So. 2d 444 · SC61639 · Florida Supreme Court 1983

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …that respondent had been improperly charged by an indictment, the defect could have been remedied quite easily by the filing of an information under section 39.04(2)(e)4, or the transfer of the case to the juvenile division. State v. King, 426 So.2d at 15 . In the present case, Fitzpatrick was fifteen years old at…

52. McGee v. State 423 So. 2d 636 · DCA82-1170 · District Court of Appeal 1982

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. Appellant questions the constitutionality of section 39.04(2)(e)(4), Florida Statutes (1979). The supreme court in State v. Cain, 381 So.2d 1361 (Fla.1980), upheld the constitutionality of the statute in question. …

53. Tester v. State 423 So. 2d 636 · DCA82-1171 · District Court of Appeal 1982

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. Appellant questions the constitutionality of section 39.04(2)(e)(4), Florida Statutes (1979). The supreme court in State v. Cain, 381 So.2d 1361 (Fla.1980), upheld the constitutionality of the statute in question. …

54. McCray v. State 424 So. 2d 916 · DCA81-2098 · District Court of Appeal 1982

    This opinion cites § 39.04 1 time, the section generally

    · cited by 2 in all courts

    …as an adult. We agree. In particular section 39.-02(5) contains a comprehensive scheme for making such a determination. 1 The state also relies on sections 39.04(2)(e)(3) & (4), Fla.Stat. (1979) which provide that a state *918 attorney may file, along with a petition for delinquency, a motion to transfer and certify the child…

55. Hubbard v. State 411 So. 2d 1312 · 1DVV-439 · 1st DCA 1982

    This opinion cites § 39.04 1 time, the section generally

    · cited by 17 in all courts

    …by the Grand Jury for crimes punishable by death or life imprisonment. Section 39.02(5)(a), (c), Florida Statutes (1977). In 1978, the legislature enacted 39.04(2)(e)4 which permits state attorneys to charge sixteen and seventeen year old juveniles as adults by filing informations directly in circuit court, thereby…

56. Dunman v. State 400 So. 2d 838 · 5D80-981 · 5th DCA 1981

    This opinion cites § 39.04 1 time, the section generally

    · cited by 13 in all courts

    …Jim Smith, Atty. Gen., Tallahassee, Edward M. Chew, and Barbara A. Butler, Asst. Attys. Gen., Daytona Beach, for appellee. PER CURIAM. Pursuant to section 39.04(2)(e)(4), Florida Statutes (1979), Dunman was charged by an information with burglary of a dwelling and grand theft, second degree. At the time of his trial in the…

57. Austin v. State 400 So. 2d 495 · 5D80-988 · 5th DCA 1981

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    … COWART, Judge. Although appellant, a juvenile was tried in the criminal division of the circuit court upon a direct information pursuant to section 39.04(2)(e)4., Florida Statutes (1979), and was not "transferred" from the juvenile division pursuant to section 39.02(5)(a), Florida Statutes (1979), he was entitled to…

58. In Interest of S.R.P. 397 So. 2d 1052 · 4D80-287 · 4th DCA 1981

    This opinion cites § 39.04 1 time, the section generally

    · cited by 6 in all courts

    …essentially vested solely in the discretion of the state. State v. Braden, 375 So.2d 49 (Fla.2d DCA 1979). In addition, under the provisions of Section 39.04(2)(e)(4), Florida Statutes (1979), a state attorney is vested with discretionary authority to file an information and seek adult sanctions against a juvenile on…

59. Calhoun v. State 397 So. 2d 1152 · 5D79-203 · 5th DCA 1981

    This opinion cites § 39.04 1 time, the section generally

    · cited by 1 in all courts

    …he has not “previously been found to have committed two delinquent acts, one of which involved an offense classified under Florida law as a felony.” Section 39.04(2)(e)4, supra. Clearly, this involves a pre-trial proceeding, and does not involve the prosecution of the crime for which the appellant is now charged. Since…

60. Jones v. State 394 So. 2d 216 · DCA79-68 · District Court of Appeal 1981

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. AFFIRMED. Section 39.04(2)(e)4, Florida Statutes (1979), is constitutional. State v. Cain, 381 So.2d 1361 (Fla.1980). ORFINGER, COBB and COWART, JJ., concur.

61. Dunman v. State 389 So. 2d 205 · SC58815 · Florida Supreme Court 1980

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. Appellant here challenges the constitutionality of section 39.04, Florida Statutes (1979). This Court has recently upheld the statute’s validity, State v. Cain, 381 So.2d 1361 (Fla.1980), and, therefore, we find this…

62. Greene v. State 387 So. 2d 965 · SC58536 · Florida Supreme Court 1980

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. The ruling of the trial court, that section 39.04(2)(e)4, Florida Statutes (Supp.1978), is constitutional, is consistent with the recent decision of this Court in State v. Cain, 381 So.2d 1361 (Fla.1980).…

63. Jenkins v. State 386 So. 2d 1302 · DCA79-542 · District Court of Appeal 1980

    This opinion cites § 39.04 1 time, the section generally

    …Florida Statutes (1979). We agree. The state proceeded against appellant, a juvenile, by direct information filed pursuant to the provisions of Section 39.04(2)(e)4, Florida Statutes (1979). In such case the trial court is obligated, when imposing adult sanctions on a juvenile as was done here, to make findings of fact…

64. State v. Holdefer 386 So. 2d 855 · DCA79-1341 · District Court of Appeal 1980

    This opinion cites § 39.04 1 time, the section generally

    · cited by 1 in all courts

    …its petition for reconsideration of an order transferring appellee for adjudicatory proceedings as a juvenile. We dismiss the appeal. Pursuant to Section 39.04(2)(e)4, Florida Statutes (1979), the state filed a direct information against William D. Holdefer, who was seventeen years of age at the time of the alleged…

65. Eady v. State 388 So. 2d 9 · 2D79-1916 · 2nd DCA 1980

    This opinion cites § 39.04 1 time, the section generally

    · cited by 5 in all courts

    …Tampa, for appellee. PER CURIAM. Appellant Lonnie Ruben Eady, a juvenile, was charged with armed robbery and attempted armed robbery, pursuant to Section 39.04(2)(e)4, Florida Statutes (1977), which permits the filing of an information against a child aged sixteen or seventeen at the time of the commission of the offense.…

66. Sowers v. State 386 So. 2d 245 · SC58238 · Florida Supreme Court 1980

    This opinion cites § 39.04 1 time, the section generally

    PER CURIAM. The present case is before the Court on appeal from a trial court order upholding the constitutionality of section 39.04(2)(e)4. Having recently upheld this statute’s validity, State v. Cain, 381 So.2d 1361 (Fla.1980), we find the constitutional issue to be frivolous. This case is…

67. Stallins v. State 385 So. 2d 1171 · 2D80-378 · 2nd DCA 1980

    This opinion cites § 39.04 1 time, the section generally

    · cited by 4 in all courts

    …Asst. Atty. Gen., Tampa, for appellee. *1172 PER CURIAM. The State filed an information against Harold Stallins, a juvenile, pursuant to Section 39.04(2)(e)4, Florida Statutes (1979). Stallins contends that the trial court committed reversible error in not sentencing him pursuant to Section 39.111(6)(c)1-6,…

68. W.M. v. Tye 377 So. 2d 225 · DCA79-1914 · District Court of Appeal 1979

    This opinion cites § 39.04 1 time, the section generally

    · cited by 3 in all courts

    …Grand Theft charges and trial was set for August 6,1979. On July 30, 1979, petitioner moved to transfer the case back to Juvenile Court pursuant to Section 39.04(2)(e)(4), Florida Statutes (Supp.1978), because petitioner had no prior felony adjudications. A new petition was thereupon filed on the Grand Theft charges to which…

69. Amendments to Florida Rules of Criminal Procedure-Rules 3.130(a) & 3.131(j) 591 So. 2d 173 · SC77945 · Florida Supreme Court 1991

    Rule amendment This opinion cites § 39.04 1 time, the section generally

    … 553 So.2d 317 (Fla. 1st DCA 1989). In that case, the district court held that the direct filing of an information against a juvenile, pursuant to section 39.04(2)(e)4, Florida Statutes (1987), removes the juvenile from the jurisdiction of the juvenile division of the. circuit court, for purposes of pretrial detention.…

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