T.S.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile appellant challenges his adjudication for petit theft enhanced to a first-degree misdemeanor based on a prior delinquency adjudication. The court held that a prior juvenile adjudication of delinquency constitutes a 'conviction' for purposes of enhancement under Florida's theft statute when used in a subsequent juvenile proceeding.
A prior adjudication of delinquency for petit theft constitutes a 'conviction' for purposes of enhancement in a subsequent juvenile proceeding under Chapter 39 of the Florida Statutes. Additionally, the court remanded for correction of the sentence because community control cannot exceed the maximum term of imprisonment that could have been imposed (one year for the offense involved).
[1] An adjudication of delinquency for petit theft constitutes a "conviction" for the purpose of enhancing a subsequent petit theft charge to a first-degree misdemeanor under…
[2] Florida Statutes section 39.10(4) provides an exception to the general rule that a juvenile adjudication is not a conviction, allowing such adjudications to be used in su…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“an adjudication by a court that a child has committed a delinquent act shall not be deemed a conviction [...] nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication [...] However, an adjudication by the court that a juvenile has committed a delinquent act”
Establishes the statutory exception allowing prior juvenile adjudications to constitute convictions for specific purposes.
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Join FLexlaw to unlock all legal intelligenceThe state attorney filed a petition charging the juvenile appellant with petit theft and alleged a previous adjudication of petit theft to enhance the…
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GRIMES, Acting Chief Judge.
Appellant, a juvenile, files this appeal from an order adjudicating him to be a delinquent.
The state attorney filed a petition charging appellant with petit theft and alleging a previous adjudication of petit theft, thereby seeking to enhance the charge to a first-degree misdemeanor. Appellant moved to reduce the charge to a second-degree misdemeanor. When the motion was denied, appellant pled nolo contendere, reserving the right to appeal this issue.
Petit theft only becomes a first-degree misdemeanor if it represents the “second conviction for petit theft.” § 812.-014(2)(c), Fla.Stat. (1985). Appellant argues that because of section 39.10(4), Florida Statutes (1985), his prior adjudication of delinquency predicated on petit theft does not constitute a “conviction” of petit theft.
Section 39.10(4) reads as follows:
Except for use in a subsequent proceeding under this chapter, an adjudication by a court that a child has committed a delinquent act shall not be deemed a conviction; nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication; nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or to disqualify or prejudice the child in any civil service application or appointment. However, an adjudication by the court that a juvenile has committed a delinquent act, including a violation of chapter 316 or chapter 322, shall constitute a “conviction” as that term is used in chapter 322.
Appellant argues by analogy from M.W.B. v. State, 335 So. 2d 10 (Fla. 1st DCA 1976), which held that the three-year minimum mandatory sentence for a “conviction” of specified crimes while in possession of a firearm is inapplicable to juvenile proceedings, and Jackson v. State, 336 So. 2d 633 (Fla. 4th DCA 1976), which held that a prior adjudication of delinquency does not constitute a “conviction” for purposes of impeachment. Notwithstanding, we find that the statute, itself, contemplated the very use of the prior adjudication employed in this case when it provided that an adjudication of delinquency shall not be deemed a conviction “except for use in a subsequent proceeding under this chapter.” Because appellant was previously adjudicated delinquent, the instant case constituted a subsequent proceeding under chapter 39. Our reasoning is substantiated by the fact that in order to except matters involving traffic offenses and drivers’ licenses, it was necessary for the legislature to specifically refer to chapters 316 and 322 because these are adult proceedings. Therefore, appellant’s prior adjudication of delinquency for petit theft is a “conviction” for the purpose of enhancement within the dictates of section 812.014(2)(c).
At the sentencing hearing, the court placed appellant on indefinite community control for a maximum of two years and suspended indefinite commitment. The written order of commitment placed appellant on community control for an indefinite period of time. The court cannot order community control for a period longer than the sentence which could have been imposed. § 39.11(l)(a)l, Fla.Stat. (1985); J.D.B. v. State, 463 So. 2d 486 (Fla. 2d DCA 1985). The maximum term of imprisonment for the offense involved here is one year. § 775.082(4)(a), Fla.Stat. (1985).
Therefore, we remand the case for correction of the sentence to read that appellant shall be under community control for an indefinite period of time not to exceed one year. In all other respects, we affirm the adjudication of delinquency and the order of commitment.
SCHEB and SANDERLIN, JJ., concur.
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C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989)…ore, a child adjudicated delinquent may not be placed on community control for a term longer than the sentence that could be imposed if he were committed to the custody of HRS for the offense. § 39.11(1)(a)1., Fla.Stat. (Supp.1986); T.S.W. v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986). A child may be committed to HRS for an indeterminate period of time not to exceed the maximum term of imprisonment an adult may serve for the same offense. § 39.11(4), Fla.Stat. (Supp.1986), Id. The petition filed against the ap…
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In the Interest of R.D.D. v. State, 493 So. 2d 534 (Fla. 5th DCA 1986)…ing been thrice convicted. Appellant says this felony petit theft provision does not apply to him because he is a juvenile, even though it was his third petit larceny adjudication. We disagree and adopt the reasoning and holding of T.S.W v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986). We place emphasis upon the same wording from section 89.10(4), Florida Statutes (1985), that the opinion of Judge Grimes does, viz: Except for use in a subsequent proceeding under this chapter, an adjudication by a court that…
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State v. T.T., 773 So. 2d 586 (Fla. 1st DCA 2000)…entered an order granting appellee’s motion. Section 985.228(6), Florida Statutes (1999), clearly provides that juvenile delinquency adjudications can be treated as convictions when used in subsequent delinquency proceedings. See T.S.W. v. State, 489 So. 2d 1146, 1147 (Fla. 2d DCA 1986) (construing statute to allow for use of prior juvenile delinquency adjudications for petit theft to be used to enhance the classification of a subsequent juvenile petit theft offense); R.D.D. v. State, 493 So. 2d 534 (Fla. 5…
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
- Jackson v. State, 336 So. 2d 633 (Fla. 4th DCA 1976)
- J.D.B. v. State, 463 So. 2d 486 (Fla. 2d DCA 1985)
- M. W. B. v. State, 335 So. 2d 10 (Fla. 1st DCA 1976)