563 So. 2d 171 | Fla. Dist. Ct. App. | 1990
The respondent, M.F., appeals an adjudication of delinquency. We affirm.
The respondent contends that the trial court erred in denying his motion to dismiss the amended petition for delinquency where the amended petition actually alleged an entirely new charge and where the state orally amended the petition sixty-nine days after he was taken into custody in violation of section 39.05(6), Florida Statutes (1989).
At any time prior to the adjudicatory hearing an amended petition may be filed or the petition may be amended on motion. ■ Amendments shall be freely permitted in the interest of justice and the welfare of the child. A continuance may be granted upon motion and a showing that the amendment prejudices or materially affects any party.
Rule 8.110(c), Fla.R.Juv.P. (1989).
In the present case, the state made an oral motion to amend the petition to change the type of controlled substance that the respondent was charged with selling, delivering or possessing with intent to sell or
Affirmed.
. Section 39.05(6), Florida Statutes (1989) states:
On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it was not filed within 45 days from the date the child was taken into custody. The court may grant an extension of time, not to exceed an additional 15 days, upon such motion by the state attorney for good cause shown.
§ 39.05(6), Fla.Stat. (1989).