F.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Defendant, who was adjudicated a delinquent child, appeals from his sentence. Defendant was placed under community control for an indefinite time to be not less than six months. Defendant was also ordered to pay restitution in an amount to be determined by an HRS counselor. The period of community control should have been no greater than the maximum term of incarceration which an adult could serve for the offense or when defendant reaches age nineteen, whichever is sooner. See G.W.M. v. State, 391 So. 2d 738 (Fla. 4th DCA 1980). Also, the responsibility for determining the amount of restitution should not have been so delegated. See J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985).
We therefore reverse and remand for resentencing.
RYDER, C.J., and SCHOONOVER and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)…trol order. We recede from C.D.D. v. State, 684 So. 2d 866 (Fla. 2d DCA 1996), C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996), M.T.H. v. State, 676 So. 2d 77 (Fla. 2d DCA 1996), M.V. v. State, 507 So. 2d 1166 (Fla. 2d DCA 1987), and F.R. v. State, 473 So. 2d 785 (Fla. 2d DCA 1985), to the extent these cases hold or suggest that an order placing a juvenile on community control requires a statement that community control will end at age nineteen. T.J. was born on October 28, 1981, and was fifteen years old a…1 / 2
-
O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986)…d reasonably be expected to pay or make” is within its discretion. § 39.-11(1)(a)1, Fla.Stat. (1985). A trial court may not, however, delegate its judicial authority to the parties to determine the amount or manner of restitution. See F.R. v. State, 473 So. 2d 785 (Fla. 2d DCA 1985); J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985); T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981). Since the trial court impermis-sibly delegated to the parties the authority to determine the manner of payment, and considering…
-
A.R. v. State, 504 So. 2d 66 (Fla. 2d DCA 1987)…nt, which the state concedes, is that the written order should conform to the trial court’s oral pronouncement of twenty-four hours of community service work and that the term of community control should be specified m accordance with F.R. v. State, 473 So. 2d 785 (Fla. 2d DCA 1985). We agree. The cause is remanded for correction of the sentence in accordance with this opinion. LEHAN, A.C.J., SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985)
- G. W. M. v. State, 391 So. 2d 738 (Fla. 4th DCA 1980)