C.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a general disposition for multiple offenses is prohibited and community control terms are limited by statute.
Appellant challenged orders committing him to HRS and placing him on community control for petit theft, arguing the disposition was general for multip…
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HALL, Judge.
The appellant challenges the order committing him to the Department of Health and Rehabilitative Services and the order placing him on community control as those orders relate to his disposition for petit theft in case no. 87-6200. He contends that the orders are erroneous because they provide a general disposition for five sepa rate offenses he was found to have committed. We agree.
A general sentence for several offenses is prohibited. J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985). Furthermore, 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 appellant charged him with having committed second degree misdemeanor petit theft, § 812.014(2)(c), Fla.Stat. (Supp.1986). The maximum term of imprisonment for that offense is not to exceed sixty days. § 775.082(4)(b), Fla.Stat. (Supp.1986).
Accordingly, we remand this case with directions that the disposition in case no. 87-6200 be corrected to read that the appellant shall be under a term of community control not to exceed sixty days.
Remanded with directions consistent herewith.
SCHEB, A.C.J., and THREADGILL, J., concur.
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T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…lony offenses and adjudicated delinquent could not receive a single sentence for the two offenses, explaining that, “A general sentence for separate offenses, such as he received, is prohibited.” 595 So. 2d at 223. The court relied on C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989), which in turn had relied on J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985). The court in J.J.S. held that the sentence before it was improper because it flowed from a single, general order of probation for two separate crimes…
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H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992)…and commit appellant to HRS. No findings were made by the trial court here. We further remand for entry of separate sentences for appellant’s two offenses. A general sentence for separate offenses, such as he received, is prohibited. C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989). Affirmed, but remanded for resentenc-ing. PARKER, J., and McDONALD, RANDALL G., Associate Judge, concur.…
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R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989)…ay be committed to HRS for an indeterminate period of community control, the indeterminate period must not exceed the maximum term of imprisonment which the child could receive if he or she were an adult. § 39.11(4), Fla.Stat. (1987); C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989). Since the maximum term of imprisonment for obstructing an officer without violence, as a first-degree misdemeanor, is one year, on remand the order must be modified to limit the period of community control to a period not exceedi…
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)
- T.S.W. v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986)