R.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
The appellant was adjudicated by the trial court to have committed a delinquent act, obstructing an officer without violence. We affirm that adjudication. In the order of adjudication, however, the appellant was placed on community control for an indeterminate time period. While a child may 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 exceeding one year. §§ 843.02, 775.082(4)(a), Fla.Stat. (1987).
Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
RYDER, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
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E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992)…imum term for which an adult could have been sentenced for the same offense. R.D. v. State, 564 So. 2d 590 (Fla. 1st DCA 1990); M.G. v. State, 556 So. 2d 820 (Fla. 5th DCA 1990); J.S. v. State, 552 So. 2d 327, 328 (Fla. 1st DCA 1989); R.H. v. State, 549 So. 2d 742, 743 (Fla. 2d DCA 1989). The offense in the instant case was committed October 13, 1990. Section 39.-054, Florida Statutes (Supp.1990), effective October 1, 1990, replacing Section 39.11, Florida Statutes, however, provides in pertinent part: 39.0…
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T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996)…her to an indeterminate term of community control since such term could exceed the one year statutory maximum sentence for a violation of section 784.03, a first degree misdemeanor. See B.S. v. State, 661 So. 2d 19 (Fla. 2d DCA 1994); R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989). We affirm that portion of the adjudication order finding appellant delinquent. We reverse the portion of the order committing appellant to an indeterminate term of community control with instruction to the trial court on remand…
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A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997)…le Justice for an indeterminate period after having been found guilty of aggravated assault. A juvenile commitment, however, may not exceed the maximum statutory term of imprisonment applicable to adult sentencing for a given offense. R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989). Thus we remand for the trial court to modify AJ.Y.’s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); [*922] § 784.021(2), Fla. Stat. (1995). We otherwise affirm…
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- C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989)