E.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile adjudicated delinquent must receive credit for time served in secure detention pending adjudication against his commitment period, even though rehabilitation is a primary purpose of juvenile justice.
A juvenile must be granted credit for time served in secure detention pending adjudication against the period of commitment to the Department of Health and Rehabilitative Services.
[1] Secure detention pending juvenile adjudication functions as the functional equivalent of a county jail for purposes of granting credit for time served, notwithstanding re…
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Join FLexlaw to unlock all legal intelligence“A detainee must be granted credit for time served prior to conviction in any institution serving as the functional equivalent of a county jail.”
Court stating the applicable legal standard from TalMason v. State
E.R., a child, was adjudicated delinquent of battery upon a school board employee, resisting arrest without violence, burglary of a dwelling, and aggr…
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RYDER, Judge.
Appellant was adjudicated delinquent and found guilty of battery upon school board employee, resisting arrest without violence, burglary of a dwelling and aggravated battery, and committed to the Department of Health and Rehabilitative Services without being given credit for time served in secure detention pending adjudication. Before us, he argues that failure to give credit for this period constitutes an illegal sentence. A detainee must be granted credit for time served prior to conviction in any institution serving as the functional equivalent of a county jail. TalMason v. State, 515 So. 2d 738 (Fla.1987). Although rehabilitation may outweigh retributive punishment as a purpose of the Florida Juvenile Justice Act, secure detention closely resembles county jail in that appellant is deprived of his liberty, and is in the total custody and control of the state at all times. We agree.
We affirm the adjudication and commitment but remand to the trial court for entry of an order granting appellant a credit of eighty-eight days for time served in secure detention against the period of commitment which shall terminate at his nineteenth birthday, or as otherwise provided by law.
SCHOONOVER, C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999)…that the disposition order should be corrected to reflect that the statutory maximum term for simple battery is one year and to allow appellant credit for time served in secure detention prior to her adjudication on this offense. See E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991); Gainer v. State, 693 So. 2d 719 (Fla. 3d DCA 1997); In Interest of B.A., 546 So. 2d 125 (Fla. 1st DCA 1989). [*1012] Accordingly, we reverse and remand for correction of the disposition order to limit the commitment term to one y…
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J.B. v. State, 829 So. 2d 376 (Fla. 4th DCA 2002)…order should be corrected to reflect any credit for time served in secure detention. See Smith v. State, 664 So. 2d 1076, 1076 (Fla. 2d DCA 1995) (“Time spent in juvenile detention is credited like time spent in county jail. ) (citing E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991)). Lastly, as urged by J.B., the orders should be corrected to state, “Nunc Pro Tunc to June 7, 2001,” the date J.B. was committed. Reversed and remanded to correct disposition orders. STONE and MAY, JJ., concur.…
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J.I.S. v. State, 930 So. 2d 587 (Fla. 2006)…credit for time served in secure detention before the commitment? The First District Court of Appeal, whose decision we review, answered this question in the negative but certified conflict “[t]o the extent our opinion conflicts with E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991), L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999), J.B. v. State, 829 So. 2d 376 (Fla. 4th DCA 2002), and C.C. v. State, 841 So. 2d 657 (Fla. 4th DCA 2003).” J.I.S. v. State, 902 So. 2d 890, 892 (Fla. 1st DCA 2005). We exercise…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)