M.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a juvenile's period of community control cannot exceed the maximum commitment period for the offense.
A juvenile was found guilty of simple assault and placed on community control for six months. The juvenile argued, and the state conceded, that this p…
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GOSHORN, Judge.
The court found M.G., a juvenile, guilty of a simple assault1 and placed M.G. on community control for 6 months. M.G. argues, and the State concedes, that the trial court erred in imposing a period of community control exceeding the sentence that could have been imposed had M.G. been committed for the offense. We agree.
The legislature has created a statutory distinction between juveniles and adults with regard to the maximum period of supervision allowed following conviction of a second degree misdemeanor. A sentence of supervised community control imposed on a juvenile may not exceed the time period that could have been imposed if the trial court had ordered a commitment in the same case. § 39.11(1)(a)1, Fla.Stat. (1987); H.B.E., III v. State, 484 So. 2d 653 (Fla. 4th DCA 1986); J.D.B. v. State, 463 So. 2d 486 (Fla. 2d DCA 1985). In contrast, there is no such limitation on the period of community control or probation that an adult may receive. An adult may be placed on probation for six months as sanctions for the commission of a second degree misdemean-or, even though the maximum incarcerative penalty is 60 days. § 948.04, Fla.Stat. (1987).
We agree with our sister courts of the Second and Fourth Districts that it is up to the legislature, if it wishes, to correct this inconsistency in the treatment of adult and juvenile offenders. Accordingly, we reverse and remand for proceedings consistent with this opinion.
REVERSED and REMANDED.
HARRIS and PETERSON, JJ., concur. . Simple assault is a second degree misdemean-or, carrying a maximum penalty of 60 days' imprisonment. § 775.082(4)(b), Fla.Stat. (1987).
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E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992)…been interpreted as limiting a juvenile’s maximum term of community control or community service to the maximum 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), effec…
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D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994)…month term of community control is an appropriate sentence under section 39.053(2) and affirm. AFFIRMED. THOMPSON, J., concurs. W. SHARP, J., concurs specially with opinion. . A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992) and M.G. v. State, 556 So. 2d 820 (Fla. 5th DCA 1990), are distinguishable in that those courts were dealing with adjudicated children. However, E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992) appears to be in conflict. That court did not discuss the distinction between an adjudic…
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Zepeda v. State, 658 So. 2d 1201 (Fla. 5th DCA 1995)…ted both requests... The modification of an existing condition is valid. Section 948.03(5), Florida Statutes (1993), allows the trial court, during the term of probation, to modify any condition previously imposed by the court. See Woods v. Angel, 556 So. 2d 820, 821 (Fla. 5th DCA 1990) (during term of probation, trial court may subsequently modify those conditions of probation “theretofore imposed”). The trial court, therefore, did not err in changing the counseling condition from family counseling to indi…
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.D.B. v. State, 463 So. 2d 486 (Fla. 2d DCA 1985)
- Pauley v. State, 484 So. 2d 653 (Fla. 4th DCA 1986)
- Scott v. Scott, 484 So. 2d 653 (Fla. 4th DCA 1986)