R. J. K., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 1979-10-11
No. OO-493
McCORD, Acting C. J., and SHIVERS, J., concur.
375 So. 2d 871 Florida District Court of Appeal, First District (1979) Negative Treatment
Cited by 13 cases
Topics
Juvenile Commitment Illegal Sentence Writ Of Habeas Corpus

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Opinion of the Court
LARRY G. SMITH, Judge.

LARRY G. SMITH, Judge.

Petitioner filed his petition for writ of habeas corpus attacking that portion of the sentence in his juvenile proceeding which provided for his commitment to the Department of Health and Rehabilitative Services “for an indeterminate period of time of not less than one year ”, etc. The same point was raised on appeal in B. J. v. State of Florida, 374 So. 2d 1106 (1979). In that case the appellant argued and the State conceded that the trial court cannot commit a juvenile for a specific period of time.

Habeas corpus is available to secure relief from an illegal or improper sentence. 15 Florida Jurisprudence, “Habeas Corpus”, § 44, and cases therein cited.

This cause is remanded to the trial court for the entry of an amended order of adjudication and commitment pursuant to the requirements of Section 39.11(l)(e), Florida Statutes (Supp.1978).

McCORD, Acting C. J., and SHIVERS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bashlor v. State, 586 So. 2d 488 (Fla. 1st DCA 1991)
  • L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982)
    …appellant’s argument that the court erred in committing him for a determinate time period. Section 39.11(3) provides: “Any commitment of a delinquent child to the department shall be for an indeterminate period of time ... . ” In R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979), this court, relying on B. J. v. State, 374 So. 2d 1106 (Fla. 1st DCA 1979), established that a commitment for a period of not less than one year is a commitment for a specific period of time in violation of the statute. The cou…
  • M. v. D., 414 So. 2d 599 (Fla. 1st DCA 1982)
    …te period of time and in ordering restitution to be made. Section 39.11(3), Florida Statutes (1981) mandates that “[a]ny commitment of a delinquent child to the department shall be for an indeterminate period of time ...” See also R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979). Additionally, Section 39.11(l)(a) allows for imposition of a penalty in the nature of restitution, but only if the child has been placed in a community control program. Section 39.11(l)(c), allowing for the child’s commitment to…

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